These Terms and Conditions of Giving (“Terms and Conditions”) should be read together with the General Terms and Conditions, as they are related and complementary for the use of the Una Platform (as defined). In the event of any inconsistency or conflict between these Terms and Conditions and the General Terms and Conditions, these Terms and Conditions shall take precedence. 

Please read these Terms and Conditions carefully to ensure you understand them. If you do not agree to these Terms and Conditions, you must not access or use the Una Platform for any services related to Giving.

Background

1. Una (as defined) is an online service provider for viewing, comparing, applying for, and/or purchasing insurance, loan, and other financial products, as well as for viewing and making donations and fundraising through the Una Platform (as defined), which can be used by visitors, users, customers, and/or the public. 

2. YUAI (as defined) is a non-profit organisation that serves as the administrator of the Collection of Money and Goods (“PUB”), which has obtained the permit for the Administration of Money and Goods Collection for various fundraising activities for humanitarian purposes, based on the decision of the Minister of Social Affairs of the Republic of Indonesia (“Kemensos”).

3. YUAI carries out humanitarian fundraising activities, either independently or in collaboration with third-party non-profit organisations and/or individuals.

4. Una and YUAI collaborate to provide Giving (as defined) through the Una Platform. 

Hereafter, Una and YUAI shall individually and/or collectively referred to as the “Administrator”.

1. Definitions

In these Terms and Conditions, the following terms shall have the meanings set out below: 

1.1. “BANI” is the Badan Arbitrase Nasional Indonesia, an arbitration body that has been agreed upon by the Parties and appointed to resolve disputes if a dispute arises.

1.2. “Marketing Fee” refers to fees related to operational, marketing, and promotional activities carried out by YUAI.

1.3. “Platform Fee” refers to fees for the use of the Una Platform charged by Una for the management, maintenance, and further development of platform-related services.

1.4. “Transaction Fee” refers to fees charged by the payment transaction service providers, such as banks, payment gateway companies, and digital wallet companies, for the Donation transactions and disbursements.

1.5. “Donasi” 1.5. “Donation” is a voluntary contribution made by a donor for humanitarian purposes and without expectation of reward.

1.6. “Donor” refers to an individual, group, non-profit organisation, business entity, or legal entity that makes a donation.

1.7. “Giving” refers to the online donation and fundraising services for humanitarian purposes provided through the Una Platform.

1.8. “Campaign Content” refers to information related to a Campaign, including but not limited to information about the Fundraiser, Campaign description and objectives, Donation transactions, and Donation usage information.

1.9. “Donation Recipient” refers to an individual, group, or non-profit organisation, whether the Fundraiser themselves or other third parties, that receive donation from the fundraising activities through the Una Platform.

1.10. “Fundraiser” is an individual, group, non-profit organisation, business entity, or legal entity that conducts fundraising for humanitarian purposes through the Una Platform. 

1.11. “Fundraising” or “Campaign” is the fundraising activity for certain purposes, including but not limited to campaigns for natural disaster relief, medical needs, infant and child welfare, education and scholarships, facilities and infrastructure, construction and maintenance of houses of worship, diakonia, zakat, infaq, qurban, waqf, and other humanitarian activities through the Una Platform.

1.12. “Una Platform” refers to Una's websites and any subdomains (collectively referred to as the “Website”), web-based applications, tablet applications, mobile applications, and other smart device applications, along with any associated application programming interfaces (collectively referred to as the “Application”), and all related services (collectively referred to as the “Service”).

1.13. “User” or “you” refers to any individual or entity that accesses or uses the Una Platform, including your authorised representatives and any entity you represent.

1.14. “Party” refers to Una, YUAI, or the User (including any authorised representatives and entities they may represent) individually, and “Parties” refers to Una, YUAI, and the User collectively.

1.15. “Third-Party Product and Service Provider” or “Product and Service Provider” refers to external partners, such as insurance companies, banks, financing companies, and financial institutions, with whom Una collaborates to offer insurance, loan, and other financial products, as well as third-party Fundraisers with whom Una collaborates to offer fundraising-related services.

1.16. “Una”, “we”, “us”, or “our” refers to PT Una Darma Indonesia, its subsidiaries and affiliated companies.

1.17. “YUAI” refers to Yayasan Una Asurisan Indonesia and its affiliated companies.

2. Fundraising Provisions

2.1. By conducting a Campaign through the Una Platform, the Fundraiser represents and warrants that the information provided at the time of submitting and/or creating the Campaign, and any subsequent updates, is true, accurate, current, and complete. The Fundraiser agrees to maintain and promptly update the Campaign information to ensure it remains accurate and up to date at all times. 

2.2. In the event that the Fundraiser conducts a Campaign with the aim of disbursing Donation to a Donation Recipient other than themselves, their group, or their non-profit organisation (“Third-Party Donation Recipient”), the Fundraiser is responsible for ensuring the accuracy of the information and the use of the Donation. Furthermore, the Fundraiser is obliged to inform and ensure that the Third-Party Donation Recipient understands, agrees to, complies with, and is bound by these Terms and Conditions, as well as the applicable General Terms and Conditions. 

2.3. The Fundraiser shall not submit and/or create a Campaign with Campaign Content that is prohibited by the Administrator, violates the General Terms and Conditions, and/or contravenes the applicable laws and regulations of the Republic of Indonesia, including but not limited to:

1. Content that provides false information;

2. Content that contains pornography;

3. Content that includes hate speech related to ethnic, religious, racial, and intergroup relations (“SARA”);

4. Content that involves cyberbullying;

5. Content that uses intellectual property belonging to another party without permission;

6. Campaign that does not have permission from the Third-Party Donation Recipient;

7. Campaign for the fulfilment of tertiary needs;

8. Campaign to pay off loan debts;

9. Campaign that disturbs public order; and/or

10. Campaign for political activities.

2.4. The Fundraiser is prohibited from providing and/or including personal account numbers or those of others in the Campaign for any reason.

2.5. The Fundraiser has the full responsibility for the execution of the Campaign, the use of Donation, and all matters related to the Campaign.

2.6. The Fundraiser agrees, undertakes, and warrants that the use of Donation is in accordance with the purposes outlined in the Campaign Content.

2.7. The Administrator does not always support the execution of the Campaign through promotions or other marketing activities.

2.8. The Administrator does not guarantee that every Campaign conducted through the Una Platform will receive a certain nominal amount of Donation and/or will be successful. The Administrator is not responsible for the failure to achieve the Donation target.

2.9. Donation received by the Donation Recipient is the net amount after deducting fees related to Giving.

2.10. The Administrator reserves the right to withhold the Fundraiser's request to withdraw Donation if the Fundraiser has not provided a report on the use of the Donation or an update on the Campaign information following the previous disbursement of Donation.

2.11. The Fundraiser agrees, consents, and warrants to indemnify and hold the Administrator harmless from any liabilities, losses, damages, claims, or demands, including but not limited to legal fees arising from any violations of these Terms and Conditions or as a result of any negligence by the Fundraiser and/or the Third Party Donation Recipient.

2.12. Users under the age of 18 who wish to conduct Fundraising must be represented by a parent or legal guardian, and the use of the Una Platform is the full responsibility of the parent or legal guardian.

3. Obligations of the Fundraiser

3.1. The Fundraiser must provide and upload Campaign Content that is true, accurate, and accountable.

3.2. The Fundraiser warrants that the Fundraiser uploads Campaign Content that contains original works or has obtained permission to use third-party content, if the content is sourced from and/or belongs to a third party.

3.3. The Fundraiser warrants that the Campaign Content submitted and/or uploaded is original or has obtained permission to use third-party content, if the content originates from and/or is owned by a third party.

3.4. The Fundraiser warrants and agrees to fulfil what has been promised in the Campaign, including fully providing the reward to Donor in the event that a reward has been promised.

3.5. In the event that the execution of the Campaign is not in accordance with or cannot be fulfilled as promised due to certain circumstances, the Fundraiser must promptly submit a report or update the Campaign information through the Una Platform or to the Administrator via the Contact Information (Section 14). Informasi Kontak (Bagian 14).

3.6. The Fundraiser is fully responsible for any legal relationship arising between the Fundraiser and Donor when receiving Donation outside of and/or not through the Una Platform (“Off-Platform Donation”).

3.7. The Fundraiser agrees and consents to grant authority to the Administrator to act on behalf of the Fundraiser to carry out the following, including but not limited to:

1. distributing information and/or conducting promotional and marketing activities regarding the Campaign and/or the Fundraiser;

2. receiving, storing, managing, and disbursing Donation for the Campaign in accordance with the terms and as permitted by the applicable laws and regulations of the Republic of Indonesia; and/or 

3. performing all necessary actions in relation to the authority granted above, including but not limited to correspondence, signing necessary documents, and reporting information related to the Campaign in accordance with applicable laws and regulations of the Republic of Indonesia.

3.8. The Fundraiser designates 1 (one) bank account belonging to the Fundraiser and/or the Third Party Donation Recipient as the receiving account for Donation. This account cannot be changed except in emergencies, in which case the Fundraiser must submit a request for a change of the bank account, along with the reasons, via the Contact Information (Section 14).

3.9. The Fundraiser agrees that after the Fundraising is completed, the Campaign Content may still be viewed by User and the public on the Una Platform.

3.10. In the event that the Fundraiser does not withdraw the Donation and cannot be contacted within a period of 6 (six) months, the Administrator has the sole and absolute right to make decisions regarding the disbursement of Donation from related Campaign to other Donation Recipient. 

3.11. In the event that the Fundraiser has additional and/or separate agreements with the Administrator ("Additional Agreement"), the Fundraiser agrees to be bound by the terms of the Additional Agreement as well.

4. Donor’s Provisions

4.1. The Donor acknowledges and understands that by opting to make Donation anonymously, their name and phone number will not be visible on the relevant Campaign page.

4.2. The Donor acknowledges and understands that they have the right to request a zakat receipt (“BSZ”). Please contact us via the Contact Information (Section 14).

4.3. The Donor agrees to read and understand the Campaign Content, and is fully responsible for any Donation made to the Campaign. 

4.4. The Donor understands the possibility that the Fundraiser may be unable to fulfil some or all aspects related to the Campaign and/or fulfil the promises made in the Campaign.

4.5. Donation made by the Donor to a specific Campaign may be redirected by the Administrator to another Campaign and/or Donation Recipient in accordance with these Terms and Conditions.

4.6. The Donor agrees and consents not to raise any issues and/or pursue legal action against the Administrator for any misuse of Donation by the Fundraiser and/or Donation Recipient..

4.7. The Administrator is not responsible for any Off-Platform Donation made by the Donor to the Campaign, Fundraiser, and/or Donation Recipient. The Donor agrees, consents, and warrants to indemnify and hold the Administrator harmless from any responsibilities and/or claims for financial liability, financial losses, and/or legal actions resulting from Off-Platform Donation.

4.8. The Donor agrees, consents, and warrants not to make Donation using funds originating from illegal sources or activities.

4.9. The Donor agrees to be contacted by the Administrator at any time when necessary, even if listed as anonymous, for matters related to Giving. 

5. Disbursement of Funds

5.1. Disbursement of Donation may be made once the Campaign has received a minimum Donation from one Donor and the bank account of the Fundraiser or Donation Recipient has been verified.

5.2. The Administrator reserves the right to redirect Donation raised to other Donation Recipient in the event that:

1. the Donation Recipient has recovered or refuses to accept the Donation;

2. the Donation Recipient has passed away;

3. the Donation raised exceeds the target and the surplus funds can be disbursed to other Donation Recipient with the consent of the Donation Recipient;

4. the Fundraiser and/or Donation Recipient misuses or misappropriates the Donation for purposes other than those specified in the Campaign;

5. the Fundraiser and/or Donation Recipient violates these Terms and Conditions and/or the General Terms and Conditions; 

6. the Fundraiser and/or Donation Recipient is involved in unlawful activities; and/or

7. certain circumstances or events arise that, in the Administrator’s view, necessitate the redirection of Donation to other Donation Recipient.

5.3. The Administrator has the sole and absolute authority to determine the outcome of the Donation Recipient's bank account verification, including the right to reject the account or request the use of an alternative account belonging to the Donation Recipient.

5.4. The Fundraiser agrees to provide information and supporting documents when applying for a Donation withdrawal, including but not limited to:

1. the plan to use the Donation for the requested withdrawal;

2. if the Fundraiser submits a withdrawal request to settle medicine and/or medical treatment costs, the Fundraiser must upload documents containing the relevant invoices; and/or

3. if the Fundraiser has previously withdrawn Donation, the Fundraiser is required to upload proof of Donation usage as accountability for the use of the previous Donation.

5.5. Disbursement of Donation for Campaigns with medical purposes can be transferred to:

1. the bank account of the Donation Recipient;

2. rekening bank milik keluarga Penerima Donasi yang dapat dibuktikan dengan dokumen Kartu Keluarga (“KK”) dan/atau dokumen pendukung lainnya; dan/atau

3. the bank account of the healthcare institution where the Donation Recipient is receiving treatment.

6. Fees

6.1. Donation collected for a Campaign through the Una Platform will be subject to the following fees: 

1.1. Campaign related to natural disasters or situations officially declared as disasters by the government

i. No Platform Fee

ii. No Marketing Fee

iii. Transaction Fee

1.2. Campaign organised by the National Amil Zakat Agency (“BAZNAS”)

i. Platform Fee of 1.25% (one point two five percent) of the Donation collected

ii. Marketing Fee of 1.25% (one point two five percent) of the Donation collected

iii. Transaction Fee

1.3. Campaign organised by Fundraiser other than BAZNAS, which are not related to natural disasters or situations officially declared as disasters by the government

i. Platform Fee of 5% (five percent) of the Donation collected 

ii. Marketing Fee of 5% (five percent) of the Donation collected

iii. Transaction Fee

6.2. Transaction Fee is charged on Donation transactions and disbursements on an “as is” basis according to the terms set by each payment transaction service provider. The amount of the Transaction Fee may be changed at any time by the payment transaction service provider without prior notice from us. Information regarding the Transaction Fee can be found in the Transaction Fee.

7. Accuracy of Campaign Content

The Administrator does not guarantee the accuracy, completeness, timeliness, or truthfulness of the information and/or Campaign Content provided by the Fundraiser. Furthermore, the Administrator is not responsible for the use of Donation by the Donation Recipient. Therefore, any Donation made based on the Campaign Content is the sole responsibility and risk of the Donor.

8. Administrator's Rights

8.1. The Administrator reserves the right to edit Campaign Content for clarity, provided that such edits do not alter the intended meaning.

8.2. The Administrator reserves the right to edit and/or remove Campaign Content deemed to violate and/or be inconsistent with these Terms and Conditions.

8.3. The Administrator has the sole and absolute right to reject a Campaign application and/or terminate an ongoing Campaign on the Una Platform without providing any explanation, whether verbally or in writing, if the Fundraiser and/or Donation Recipient is found to:

1. be unqualified to conduct Fundraising on the Una Platform;

2. misuse or misappropriate the Donation for purposes other than those specified in the Campaign;

3. be involved in unlawful activities; and/or

4. violate these Terms and Conditions and/or the General Terms and Conditions.

9. Reporting Violations

User and Donor have the right to submit reports and/or complaints to the Administrator through the Una Platform or by contacting the Administrator via the Contact Information (Section 14) if there is any suspicion or occurrence of violations of these Terms and Conditions, including but not limited to:

1. Campaign Content that is prohibited by the Administrator and/or violates these Terms and Conditions; 

2. misuse or misappropriation of Donation by the Fundraiser and/or Donation Recipient; and/or

3. the Fundraiser and/or Donation Recipient violating applicable laws and regulations of the Republic of Indonesia.

10. Modifications to Terms and Conditions

10.1. We reserve the right to update or modify any part of these Terms and Conditions, including but not limited to applicable fees and charges related to your use of the Una Platform, without prior notice.

10.2. Any modifications will be posted on the Una Platform and we will make reasonable efforts to provide notice of the changes to the Terms and Conditions on our websites and/or mobile applications. 

10.3. You are required to regularly review the Terms and Conditions to ensure compliance with the most current applicable version.

10.4. By continuing to use the Una Platform after any updates or changes to these Terms and Conditions, you are considered to have agreed to be bound by the updated terms, even if you have not reviewed them.

11. Dispute Resolution

11.1. Any dispute, whether contractual or non-contractual, arising from or related to these Terms and Conditions must first be attempted to be resolved amicably between the Parties.

11.2. In the event that the Parties do not reach an agreement or consensus within 30 (thirty) calendar days after the commencement of negotiation, the dispute shall be resolved through arbitration in Jakarta, Indonesia, in accordance with the rules of BANI in effect at the time.

12. Governing Law

These Terms and Conditions are governed by and interpreted in accordance with the applicable laws of the Republic of Indonesia. 

13. Languages

These Terms and Conditions are written in both Indonesian and English. In the event of any inconsistency or difference between the Indonesian and the English versions, the Indonesian version shall prevail. The English version shall be amended and interpreted to remain consistent with the Indonesian version.

14. Contact Information

If you have any questions or require further information regarding these Terms and Conditions, please contact us at: 

Email: [email protected]

Phone: +62 21 21191212

Address: Jl. Gelong Baru No. 6, Jakarta Barat, DKI Jakarta 11440, Indonesia