Overview

Navigating Towards a Seamless Experience

Discover our guidelines for using our services and products through our terms and conditions. By accepting these terms, you acknowledge and embrace the responsibilities and commitments tied to using our platform. We encourage a thorough reading of our terms to ensure a smooth and mutually beneficial experience.

Contents

General

Please read these general terms and conditions and our privacy policy (“Terms”) carefully before accessing or using our website, mobile applications (whether developed by us or by any third party, including “Kahoona”), our digital assistants or products and services through any other channel (“Platforms”).

PT Asuransi Bina Dana Arta, Tbk, a public limited liability company incorporated in the Republic of Indonesia (“Indonesia”) and which has its registered office at Plaza Asia 27th floor, Jl. Jend Sudirman Kav. 59, Senayan, Kebayoran Baru, Jakarta Selatan, Indonesia 12190 ( “Oona” or “we” or “us”), makes its Platforms available pursuant to these Terms which governs how users may access and use the Platforms. References to “user” or “you” in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of any Platform. Any references to “Oona” or “we” or “us” in these Terms shall be deemed to have been made to PT Asuransi Bina Dana Arta Tbk, its subsidiaries, successors, assignees and affiliates, as well as any entity that controls it, directly or indirectly, and any other subsidiary of that controlling company.

By accessing and using the Platforms, you acknowledge and agree that you have read, understand and agree to be bound by these Terms. Please do not access or otherwise use the Platforms if you do not agree with these Terms.

We reserve the right, at our discretion, to change or amend the Platforms or these Terms from time to time, which shall be effective upon the posting of the change or amendments our Platforms. Your continued use of the Platforms after the posting of the change or amendments to the Platforms will mean that you agree to be bound by such changes or amendments.

By accessing or using our Platforms, you confirm that you are able to form a legally binding contract with us and you are over the age of 18 years, or married, and not under custody, as the Platforms are not intended for minors under the age of 18 years. If it comes to our attention through reliable means that a registered user is a minor under the age of 18 years, we will cancel that user’s account and/ or access to the Platforms.

The headings used in these Terms are for convenience only and will not affect the interpretation of these Terms.

Privacy and Confidentiality

We understand that you may have concerns about the privacy of the personal information you provide to us. We believe that all personal information should be handled with the utmost respect, and we are committed to protecting rights of privacy and confidentiality.

It is important to us that you are confident that any personal information will be treated with the necessary reasonable degree of privacy. Our aim is to ensure that all personal information is handled in a responsible and reliable manner.

By accessing and using these Platforms, you agree that you have read and accepted our privacy policy which details what type of personal information we may collect from you when you visit the Platforms and how we may store and use this in accordance with data protection laws.

Intellectual Property Rights

All trademarks (registered or unregistered), service marks, logos, brands and content, materials, products and features of any nature whatsoever and any other intellectual property rights shall at all times remain the exclusive intellectual property of Oona (“Intellectual Property”).

If certain Intellectual Property may be available to download from any of the Platforms, such Intellectual Property shall continue to be subject to these Terms.

Nothing on these Platforms should be construed as granting, by implication or otherwise, any license or right to use any Intellectual Property.

You are not permitted to copy, reproduce, republish, download, post, broadcast, transmit or otherwise use in any way or form whatsoever any Intellectual Property without our prior written approval.

Information Submitted

You shall be fully responsible for ensuring that all data and information of any nature whatsoever submitted to the Platforms is correct, accurate, complete, up-to-date and not misleading.

Third Party Links or Platforms

We are not responsible for the availability or content of any third-party websites, material or platforms you access through these Platforms. The link provided in these Platforms to third-party websites, material or platforms does not mean or imply Oona’s approval or endorsement of such websites, materials, platforms or their contents. Oona shall not be liable for any information, materials, products or services posted or offered by any such third-party linked to these Platforms. By participating in any promotion sponsored, endorsed or administered by third parties, you agree to a complete release and waiver of Oona from any claims or liabilities of any nature whatsoever.

In order to use certain of the Platforms, you may need access to a wireless network. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Google Play or App Store in connection with any applicable Platforms. You agree to comply with, and your license to use the applicable Platforms (such as any mobile applications) is conditional upon your compliance with, all applicable third party terms of use (or similar) (e.g., Google Play’s or App Store’s terms and policies) when using the applicable Platforms. You acknowledge and agree that Google Play and/ or App Store (and their subsidiaries) may be third party beneficiaries of these Terms and may have the right to enforce them.

Unlawful Use

You agree to use these Platforms only for lawful purposes and in a manner that does not infringe on the rights of or restrict or inhibit the use and enjoyment of the Platforms by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or the disruption of the normal flow of dialogue within the Platforms. You agree that your access and use shall at all times comply with all any applicable local or foreign laws, rules, acts, regulations, notices, circulars, directions, guidelines, directives, codes, guidance and/or decisions of any national, state or local government or regulatory authority, or any other authority, whether having the force of law or not, as may be amended from time to time (“Applicable Laws”). You agree that you shall not upload or provide any prohibited material, or any material that may be objectionable on

the grounds of public interest, public morality, public order, public security or is otherwise prohibited by Applicable Laws.  

If you lose access to any account that you hold with us or if you become aware of any misuse of any account that you hold with us, you must inform us immediately. You are responsible for all expenses that may be incurred relating to such loss or misuse.

Liability

While we seek to ensure that all content provided on the Platforms is correct and up to date, the Platforms are provided “AS IS” and on an “AS AVAILABLE” basis. We do not guarantee, and we shall not be liable for, the accuracy, timeliness, completeness, satisfactory quality, performance or fitness for a particular purpose of the Platforms. No responsibility is accepted by or on behalf of us for any errors, omissions, or misleading content on the Platforms or on any websites or other platforms to which the Platforms connect. While we have firewalls and security protocols to protect the Platforms, you acknowledge that the internet is not a secure medium and Oona does not warrant that the Platforms will be uninterrupted or error free, that any defects will be corrected, that any contents that we send or contents that we receive will remain unmodified, confidential and/or secure during its transmission, or that these Platforms or the server that makes it available are free of viruses, bugs, errors or other malicious code, macros or program.

All implied warranties and conditions, including but not limited to the implied warranties or conditions of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy, are excluded from these Terms to the extent that they may be excluded under Applicable Laws. In no event will we or our affiliates (or their respective directors, officers, commissioners or employees) be liable for any losses, damages, expenses or costs including without limitation any special, indirect or consequential losses, or any losses, damages, expenses or costs relating to the loss of use, data or profits, or loss of opportunity, whether in contract, tort or otherwise, arising out of or in connection with your access or use of the Platforms, even if we have been advised as to the possibility of such damages.

You agree that the Platforms and their contents do not provide or constitute personal financial or investment advice. No information provided by the Platforms should be interpreted as an offer or a solicitation for an offer or as advice on investment, legal, tax or other matters. Where such advice is required, a professional should be consulted. You agree that you shall consult your relevant service providers, including any financial advisors or insurance advisors, should you need to make any assessment regarding your personal financial or investment circumstances.

The Platforms are not intended for any person in any jurisdiction where (by virtue of that person’s nationality, residence or otherwise) the publication or availability of the Platforms is prohibited. Persons to whom such prohibitions apply may not access the Platforms.  

Digital Assistants 

In particular, the information provided by Oona’s digital chatbot or any other digital assistants is not and should not be construed as insurance advice. For the avoidance of doubt, Oona is not liable for any inaccurate, missing or misconstrued information and makes no guarantee as to the quality and precision of the content. Any insurance purchasing conclusions and decisions such as coverage amounts, limits and deductibles are completely and solely at the responsibility of the insured. Oona may at its sole discretion change its digital chatbot or any other digital assistant’s content and information from time to time. At the time of a claim, coverage will be determined in accordance with the terms and conditions of your insurance policy and not Oona’s digital chatbot or any other digital assistants. Accordingly, we recommend that you view and download a specimen of your actual policy documentation prior to making any purchasing decision.

Indemnity

You shall indemnify and hold harmless Oona and its affiliates, directors, officers, commissioners and employees from any losses, liabilities, claims, damages, fines, penalties, interest, expenses and costs (including professional advisor’s costs) on an after-tax basis that may be suffered or incurred as a result of, in connection with, as a consequence of or arising from a breach by you of these Terms, inappropriate use our Platforms, and/or violation of Applicable Laws or any rights of third parties.

Severability

If these Terms or any part of them become illegal, invalid or otherwise unenforceable under the laws of any jurisdiction in which these Terms are intended to be effective, they shall in such jurisdiction be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in such jurisdiction.

Conflict

If there is any conflict between these Terms and any other agreement between you and Oona, these Terms shall prevail to the extent legally possible. 

Events beyond our control

We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control or which amount to force majeure.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with Indonesian laws and any disputes arising out of and/or in relation to these Terms shall be subject to the exclusive jurisdiction of the Indonesian courts.

General Terms & Conditions Update: 21 September 2023