Moduit Investment Platform Terms & Conditions
By accessing this site, you (“the User”) agree to the terms and conditions of PT Moduit Digital Indonesia (“MDI”) related to MDI’s site and software known as “Moduit” as follows:
- General Provisions
- Intellectual Property Rights
Intellectual property rights on contents including but not limited to texts, pictures, animation, data, videos in Moduit’s site and software application belong to MDI and MDI alone. This intellectual property rights are protected by the Intellectual Property Rights Policy and other applicable regulations and any international treaties on such matter. No entity is allowed to use the contents out of what are permitted by the regulation, including to copy, distribute, change, broadcast, recycle, remove or create a derivative product from Moduit without any written consent from MDI. Request for the consent has to be in writing and addressed to the following:
PT Moduit Digital Indonesia
Jl. Prof. Dr. Satrio Blok C4 No. 5 Lt.6
Jakarta Selatan, 12950
DKI Jakarta, Indonesia
The information on MDI’s site or application are provided on an ‘as is’ and best effort basis. However, MDI and its directors, employees, affiliations and agents do not and cannot guarantee the accuracy, completeness, currency, punctuality, appropriateness, suitability, correctness of the data cited on Moduit, and hereby state that MDI and its collective affiliates never guarantee the aforementioned qualities both explicitly and implicitly. Therefore, MDI will not be responsible to the User or any parties for all decisions made or actions born by the User based on the provided information, or for any results, direct or indirect losses including but not limited to the loss of profit, transaction losses, or inconvenience. The User hereby states and acknowledges the possibility of delay, loss or inaccuracy of any data and information relating to Moduit.
- Statement on Contents
All published information on Moduit can be solely perceived as information only and not as opinions, recommendations or solicitation to sell or buy any particular investment products within Moduit. MDI gives its best effort to provide accurate information but does not guarantee that the information provided is free of errors, technical or factual inaccuracies or misspellings. This condition is to assert that the information cited on Moduit is not deemed as a prospectus or other information that is binding in nature. The information available on Moduit is not intended to replace any investment product information such as prospectus or any other official information, but only intended as complementary/additional information.
- Statement on Future Outlook
Each projection, analysis or statement that constitutes a prediction on any particular investment product is not to be deemed as an indication of a future performance. A product’s historical performance cannot be used as a benchmark for its future performance. The User is advised to seek professional counsel on taxation, legal matters, accounting and investing risk before making any investment decision.
- Links to Third Party Media
Contents on Moduit may contain links to third parties that are not under MDI’s authority. This should not constitute any support or recommendation from MDI to the products or services of the third party. The User agrees to exclude MDI from any responsibilities for any errors or wrongdoings born by the third party and its products and/or services. The User understands that the third-party media may bore its own terms and conditions and have a more lenient security measure.
All products within Moduit may constitute various risk levels and there is no guarantee that a particular investment is suitable for the User. Each investment product has its risks and the User has to seek sufficient information before making any investment decision.
- Financial Analysis Tool
Every financial analysis tool on Moduit acts solely as an aide for the User that provides a general information on investing with financial calculation results based on data provided by the User. By taking into account all investing risks including economic risk and market risk, there is no guarantee that the investment will reach its objective as shown on the financial analysis tool. Difference in strategies applied on a product may significantly affect the calculation and outlook of an investment return. Investment return can be affected by investment strategies or objectives and economic condition including interest rate, investment period and general market condition.
- Limitation of MDI’s Responsibility
Every claim brought upon by the User towards MDI, whether according to this Terms & Conditions or other terms, will be limited by the total amount paid by and/or borne by the User from an event relating to the claim. No event will cause MDI to be held responsible to the User or other party for the expenses, interest, errors or losses in any form (including personal injury, emotional pressure and loss of data, items, income, profit or other economic return), unless in the event of direct losses in relation to MDI’s carelessness or violation of this Limitation of MDI’s Responsibility Every claim brought upon by the User towards MDI, whether according to this Terms & Conditions or other terms, will be limited by the total amount paid by and/or borne by the User from an event relating to the claim. No event will cause MDI to be held responsible to the User or other party for the expenses, interest, errors or losses in any form (including personal injury, emotional pressure and loss of data, items, income, profit or other economic return), unless in the event of direct losses in relation to MDI’s carelessness or violation of this Terms & conditions.
- User’s Responsibility
- The User is responsible for the security of his own mobile phone or computer used to access Moduit by maintaining a sufficient memory to prevent any failure or disruption on Moduit’s service caused by the User’s hardware failure.
- The User is responsible for each transaction done under the User’s instruction. Therefore, the User has to be cautious when using Moduit, including but not limited to when choosing any mutual fund transaction actions. Any losses and/or failure caused by the User’s oversight when using Moduit are the responsibility or the User, unless if it could be reasonably proven that the failures were caused by MDI. The User must be cautious in following instructions when using Moduit or when doing any transactions.
- The User is entirely responsible for maintaining the confidentiality of the information that the User holds for the User’s account, including password, and for any and all activity that occurs under the User’s account as a result of the User’s failing to keep this information secure.
- The User agrees to notify MDI immediately of any unauthorized use of the User’s account or password. The User may be held liable for losses incurred by MDI or any other user of or visitor to the site due to someone else using the User’s password or account as a result of the User failing to keep the account information secure and confidential.
- The User is fully responsible for any losses or claims that eventuate from the misuse and/or violation and/or any criminal actions done while using the User’s access to Moduit, including but not limited to failures caused by the User’s carelessness, negligence or misuse of Moduit, or failures caused by other party with the User’s access to Moduit.
- Online Transaction Facility Application
- Before using the online transaction facility, the User will be asked to provide his e-mail and password for verification purposes. It is recommended that the password does not contain the User’s name, relatives’ names, place and date of birth, address, phone number, or identity number. To improve the security, MDI suggests the User to use a combination of letters and numbers for the password. The User is fully responsible to maintain the confidentiality and security of his e-mail and password. MDI is not responsible for the usage of the User’s e-mail and password by any third party, neither for any losses incurred from such action.
- Each instruction from the User that are stored in MDI data centre is a correct and truthful data received as evidence of instruction from the User to MDI to conduct a transaction.
- The User agrees and states that all records or data whether in electronic, digital, or print form, for all instructions and/or communication from the User received by MDI on Moduit platform are deemed as valid and truthful evidence of instructions or communications.
- The Security of Moduit’s Online Transaction Facility
Payment process facility is provided on a secure website. However, the User acknowledges and agrees that internet access or transmission are not always secure and private, therefore all messages sent or information used by the User in an online transaction on Moduit may be hijacked by an irresponsible third party.
- Intellectual Property Rights
- Account Opening in Moduit and Know Your Customer Principle
- In relation to account opening in Moduit, the User states and guarantees that:
- All information cited on the account opening form are correct and truthful, and there is no omission of material information in relation to the account opening
- All scans/copies of supporting documents are as per the original, and the User will notify MDI of any changes, additions or amendments to such information;
- This application is created by and for the User and not any agents, nominees or other parties except otherwise stated;
- The User is not an individual/entity that has been declared bankrupt by a District Court, or is not a person who has pursued any financial crimes, or is not a person who is serving a sentence;
- The User will read and understand fully the mutual fund prospectus, investment documents and other terms and conditions before each transaction;
- The User recognizes and fully understands that investing in mutual funds on Moduit carries its own risks, hence the User accepts and is fully responsible for all risks. This application is created with the User’s full consent and without any duress from MDI or other parties.
- The User guarantees that the fund used for any transactions on Moduit is not funds as defined under Undang Undang Republik Indonesia Nomor 8 Tahun 2010 on Anti Money Laundering, or any amendments or alterations to the said regulation in the future. The User guarantees that this account is not intended and/or aimed to be used for any money laundering activities.
- As required by the regulation of the Republic Indonesia, including but not limited to rulings by the Financial Services Authority (OJK), the User agrees and approves of MDI’s actions to open and disclose the User’s information, data and documents to the authority without any notice to the User either prior, during or after the requirement. Therefore, the User waives MDI from any demands, claims or compensation in any form in relation to the availability of the User’s information, data and documents.
- In the event that the User discloses misleading information/data or statement to MDI, MDI is permitted to conduct any legal actions including closing the User’s account, and the User agrees to release MDI from any claims or compensation in relation to the actions.
- In relation to account opening in Moduit, the User states and guarantees that:
- Transaction General Terms and Conditions
The User can address the instruction to buy (subscription), sell (redemption) and switch mutual fund Units according to and based on the terms and conditions in the funds’ prospectus. Every instruction that are sent by and/or given by the User is deemed as valid if received by MDI and conducted according to the terms and procedures set by MDI. The User must disclose or address the instruction to MDI using medias or platforms as set out by MDI. MDI is not responsible for any instructions that are sent by the User through other medias or platforms than MDI’s requirement. MDI is not responsible to review and prove the authenticity, truthfulness, source and other qualities of each instruction conveyed electronically by the User, or check the identity of the party or parties conveying the instruction.
- Instruction Execution
All User instructions received by MDI will be performed directly, however the execution of such instruction depends on the conditions and procedures as specified in clause 3.e. Transaction Terms and Conditions below, along with each mutual fund terms and conditions. Every instruction that have been received by MDI cannot be amended or cancelled/withdrawn.
- Instruction Cancellation and Amendment
The User’s instructions can only be cancelled and/or amended if the transaction on such instruction has not been approved by MDI.
- Instruction Rejection
MDI is allowed to reject the User’s instructions based on its own policy that are deemed as rightful and fitting, if the User violates the terms of a prospectus and/or terms and conditions set out by MDI or other written documents that are legally and officially issued by MDI.
- Transaction Terms and Conditions
The purchase of a mutual fund unit can be conducted after the User’s account opening request is approved by MDI. The User will fill out a digital subscription form on the Moduit platform after determining which mutual fund products to purchase. Once the form is filled (good form) and the fund is accordingly transferred to a specific Mutual Fund bank account (good fund) by 13.00 WIB at the latest, the transaction will be processed using the unit NAV generated at the end of the bourse day on which the transaction occurred. All digital subscription forms or purchase payments received after the cut off time will be processed using the NAV as calculated at the closing of the next bourse date. MDI, Fund Managers and Custodian Banks will only process the subscription if all the above requirements are met and payments have been effectively received in the mutual fund account. MDI can adjust its process according to any subsequent changes to the prevailing regulations without any prior notifications to the User.
The mutual fund unit holder may sell his units according to the terms and conditions set out by MDI. Every redemption request must be supported with the information on the number of units or amount of money value to sell. The request can be done by filling out a digital redemption form on the Moduit platform. The digital redemption form or redemption instruction addressed to MDI at 13.00 WIB at the latest will be processed using the NAV as calculated by Custodian Bank at the closing of the bourse date. For redemption requests received after 13.00 WIB will be processed using the NAV as calculated at the closing of the next bourse date. MDI, Fund Managers and Custodian Banks will only process the redemption request if all the above requirements have been met. Redemption proceeds will be sent to the User’s bank account as recorded at MDI by 7 (seven) bourse days at the latest after the transaction. The Custodian and/or Fund Manager will provide an explanation if there were to be any delays in proceeds payment. MDI can adjust its process according to any subsequent changes to the prevailing regulations without any prior notifications to the User.
Mutual fund unit holder can switch his owned unit with other mutual fund unit as per the terms and conditions set out by MDI. Every switching instruction has to be supported with the information on the number of units or amount of money value to switch. Switching request can be done by filling out a digital switching form on the Moduit platform. Requests that are received at up to 13.00 WIB will be processed using the NAV as calculated at the closing of the bourse date. Requests that are received after 13.00 WIB will be processed using the NAV as calculated at the closing of the next bourse date. MDI, Fund Managers and Custodian Banks will only process the switching request if all the above requirements have been met. MDI can adjust its process according to any subsequent changes to the prevailing regulations without any prior notifications to the User.
- Transaction Confirmation
MDI will provide an online confirmation of transaction at the latest 2 (two) bourse days after the transaction is done. The official trade confirmation as evidence of fund ownership will be issued by the fund’s Custodian Bank and will be addressed to the User as per the fund’s terms and conditions.
- Regular Statement and Notification
- Custodian Bank will send monthly statements to the fund unit holder consisting of details of transactions done within each month. The monthly statements will be sent to the unit holder’s correspondence address according to MDI’s account opening application or through other medium as set out by MDI. The unit holder may amend the correspondence address by notifying MDI maximally 14 (fourteen) bourse days before end of the corresponding month.
- All risks involved in the disbursement of notifications and communications process from either the User or MDI are borne by the User. MDI is not responsible for any interruptions, errors, delay, or failures in transmitting any electronic communication or other forms of communication, or for any non-functioning or malfunctions of the User’s means of communication.
- Account Closure
MDI has the right to close a User’s account if the account has been dormant and contains no units for 3 (three) months consecutively.
- MDI is not responsible for any losses, costs, demands and claims from the User that may arise from misleading, incomplete or omitted information from the User that results in the non-execution of the User’s instruction, unless if the losses are caused by MDI’s deliberate negligence.
- The User is fully liable for all of his actions and thoroughly waives MDI and its affiliates, shareholders, directors, officers, employees and licence benefactors from any claims, costs, payments or any losses incurred or endured by the User directly or indirectly, in relation to the execution or non-execution of the User’s instructions, including any fees on legal counsels.
- Force Majeure
MDI is not liable for any delay or postponement in fulfilling a particular obligation based on this terms & conditions, caused by an event or reasons that are out of MDI’s control (force majeure), provided that a written notification about the event or reason is disclosed to the User within 3 x 24 (three times twenty-four) hours since the force majeure occurred. Force majeure as referred to in this terms and conditions includes but is not limited to fire, natural disasters (earthquakes, floods, tornadoes, thunder storms), demonstrations, riots, war, or any changes to regulations, economic conditions, financial and capital market, damages to MDI’s transaction system, limitations by OJK and IDX, and interruptions in the clearing and settlement transactions.
This terms and conditions, either partially or wholly, including every features or services in Moduit, can be modified, added or altered from time to time as per MDI’s policy with or without any notification to the User. The User’s continual usage of Moduit’s features after the modification, variation and/or alteration to the terms & conditions is deemed as an acknowledgement and agreement from the User on the modification, variation and/or alteration. Terms on other matters that have not been covered in this terms and conditions and any matters that require any amendments, additions or alterations will be issued by MDI according to MDI’s internal policies and prevailing laws and regulations.
- Authority and Power of Attorney
- The User hereby states and guarantees that the User and/or appointed/authorised signatories for the account opening process is allowed and has the authority to fill and sign the account opening form, and therefore is bound by this terms and conditions and the prevailing regulations.
- The User can grant power of attorney to party (or parties) appointed by the User to execute and conduct any rights and obligations applicable to Moduit accounts, including presenting instructions to MDI as per MDI’s policies.
- Prevailing Laws
Contents in any sites or medias associated with MDI and in this terms and conditions is bound by the prevailing laws and regulations of Republic Indonesia. Any disputes relating to or rising from MDI’s sites or medias will be bound by the same prevailing laws and regulations
- Dispute Resolution
All disputes and disagreement that may arise from the execution of this terms and conditions shall firstly be settled amicably between the parties within 20 (twenty) bourse days after the dispute occurrence. Failing such amicable settlement, the parties agree to bring the dispute in front of BANI Arbitration Center according to Undang Undang No. 30 Tahun 1999 on Arbitration and Alternative Dispute Resolution, or the District Court.