TERMS AND CONDITIONS

Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Logisklik Digital Platform and impact the rights and obligations of users under the law, Logisklik Services and Transport (as each defined below) provided by Logisklik and/or the Shipping Partner who are independent contractors.

If you accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Logisklik Digital Platform and/or the Services. By using the Services, you hereby expressly agree to these Terms and Conditions. These terms and conditions are a form of agreement set forth in a valid agreement between the user and Logisklik.

1. Definitions

1.1.
“Logisklik” refers to PT Logisklik Gemilang Indonesia, (hereinafter referred to as “Logisklik”).
1.2.
“Shipping Partner” refers to the Carrier Partner who has agreed to accept delivery orders from the User through the Service;
1.3.
“User” refers to any person or customer of Logisklik who accesses, downloads, register, or utilizes the Digital Platform to make a booking for delivery of Goods by means of the Services.
1.4.
“Goods” refers to any item, container, parcel, package, or domestic pet, either singularly or in plural that is transported by means of the Services;
1.5.
“Indirect Loss or Damage” refers to any loss or damage to any properties or rights of any person or any injury or harm to body or health of any person which was sustained during the provision of the Services but is not proximately caused by the delayed or unsuccessful delivery of the Goods;
1.6.
“Transport” refers to the services performed by the Shipping Partner which includes the provision of providing a vehicle or transportation and bringing Goods from point A to point B, as well as actual assistance in the delivery and pick-up of goods including provision of extra helpers for loading and unloading of Goods;
1.7.
“Transport Fare” refers to the fee reflected in the Digital Platform which the User is required to pay to the Shipping Partner, and which the Shipping Partner is entitled to collect from the User for delivery of Goods. Transport Fare cannot be overruled or arbitrarily changed by the User and/or Shipping Partner. Transport Fare includes standard transportation fare calculated by the distance of delivery and the fees for optional services, for example, trolley, Shipping Partner as helper for Goods loading and unloading, or extra helper and other services available on the Logisklik Digital Platform.
1.8.
”Service” or “Services” refers to the service provided by Logisklik whereby, through the Digital Platform, the User makes a booking for delivery of Goods and the Shipping Partner accepts a booking from a User, and any other operations or activities of Logisklik which includes matching User’s delivery booking with a Shipping Partner and facilitating delivery of Goods, such as providing information on location of pick-up and drop-off points, contact information of User and Shipping Partner, and any information relating to the delivery and service requested by the User to the Shipping Partner;
1.9.
“Digital Platform” refers to Logisklik’s technologies, website, and/or applications;
1.10.
“Website” refers to www.logisklik.com and/or any of its subdomains.
1.11.
“Terms and Conditions” refers to these Terms and Conditions in their entirety, which are applied to the Services, as set out on www.logisklik.com and any amendments there of made from time to time by Logisklik and published on its website;
1.12.
“Language”: This Terms and Conditions is written and executed in both English and Indonesian. In the event of any inconsistency between English and Indonesian version shall be amended accordingly to reflect the context in Indonesian version.

2. User’s Obligations

2.1.
The User warrants and guarantees that he/she is the true owner of the Goods or an agent of the trueowner of the Goods and is authorized to accept these Terms and Conditions for himself and/or corpotate and/or as agent on behalf of the owner of the Goods.
2.2.
The User shall ensure that the Goods are adequately prepared and secured to withstand the reasonable duress of transportation conditions such as physical loading, physical carrying, motorized transport, and physical unloading. The User shall seal any contents with extra care to avoid breakage, tearing, leakage, spilling, shrinkage, and/or any other nature of loss.
2.3.
Before the delivery commences, the user shall inform the Shipping Partner of any specific precaution which should be applied to the handling of the Goods in accordance with their nature.
2.4.
User shall, when requested or required by Logisklik or the Shipping Partner, provide a full detailed description of the Goods. By tendering such description to Logisklik and/or the Shipping Partner, the User certifies that the description of the Goods is true and correct at the time the booking is made, and for the duration that the Services and the Transport is intended to be rendered.
2.5.
The User warrants that, when using the Services and delivering the Goods, User is complying with alllaws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User further warrants that the Goods are not in any manner or condition prohibited by law, considered dangerous or hazardous, highly perishable, and/or radioactive.
2.6.
The User assumes full responsibility and liability for loss or damage suffered by the Shipping Partner or any third party as a result of any breach of the above Terms & Conditions.

3. User’s Prohibition

3.1.
User shall, by no means, use the Services, Digital Platform to commit, cause, induce, promote, or support any illegal acts or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.
3.2.
User shall not use the Services or Digital Platform to produce ordisseminate advertisements, spam, or any kind of messages which may cause nuisance to any party.
3.3.
User shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Digital Platform or the servers and network that are linked to the Digital Platform.
3.4.
User shall make no attempts to undermine, impair, or damage Logisklik’s Service or business, for example, attempting to circumvent the Service or Digital Platform by contacting the Shipping Partner directly, discouraging the Shipping Partner to use the Service or Digital Platform, failing to show up at the pickup point, or failing to prepare the goods for pickup on the date or time specified by the user. Logisklik reserves the full right to make its own determination of which action shall be recognized as such detrimental act and may accordingly decide to withhold the provision of the Services or deny access to the Digital Platform.
3.5.
User shall not commit any misrepresentation in the use of the Services or Digital Platform including use of the Services or Digital Platform in the name of or for the benefit of another person. User is responsible for the use of the Digital Platform in his/her device and shall be responsible for the use of the Digital Platform or request for the Services transacted through his/her account whether or not such use was with his/her permission. Towards this end, User shall also refrain from allowing other people to use the Digital Platform stored on his/her device.
3.6.
User is prohibited from including cash, drugs, pornographic materials, explosive materials, corrosive or flammable chemicals and other dangerous goods in accordance with applicable Government Regulations.

4. User’s Personal Data

4.1.
Users confirms that the personal data provided by him/her are true and up to date.
4.2.
User agrees to allow Logisklik use of his/her personal data (including but not limited to name, contact number, email, and address) and share such data to the Shipping Partner for the purpose of providing the Services and for the Shipping Partner to provide Transport. User also grants Logisklik the authority to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time Logisklik provides the Services.
4.3.
User agrees and acknowledges that Logisklik’s compilation, collection, storage, use and transfer of his/her personal data is subject to Logisklik’s Privacy and Personal Data Collection Policy (“Privacy Policy”) as posted and periodically updated on the Website. User also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Terms and Conditions.

5. Shipping Partner’s Obligations

5.1.
Shipping Partner shall make all commercially reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule. User acknowledges however that the estimated time frame and schedule are mere estimates and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.
5.2.
Shipping Partner shall, under the circumstances occurred during the process of Transport, take all reasonable precautions to prevent any loss or damage to the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.
5.3.
If Shipping Partner will not be able to comply with his obligations under this Clause 5 due to circumstances beyond his control, Shipping Partner shall exercise all commercially reasonable efforts to mitigate any loss or damage that maybe suffered by the Goods with logisklik and/or User approval.
5.4.
If the User uses additional services services for insurance, Shipping Partner is obliged to insure the Customer's Load. Other mechanisms follow the policies or procedures of the insurance company appointed by the Shipping Partner.
5.5.
In accordance with clause 5.4, Logisklik will assist as far as Logisklik is able, written claims submitted must always contain:
a.
shipping order number;
b.
detailed description of the Goods that are lost, damaged, or destroyed;
c.
clear pictures of lost, damaged, or destroyed Items; and
d.
possible cause of loss, damage, or destruction.
e.
Minutes or Investigation Results

6. Shipping Partner’s Limited Liability

6.1.
Shipping Partner shall not be liable for any loss or damage resulting from delays in delivery of the Goodscaused by User
6.2.
Shipping Partner shall not be liable for any loss or damage of the Goods which arises from or is in relation to the following act, failure, or circumstances:
6.2.1.
The User’s failure to perform its obligation under clauses 2.2 or 2.3 or to comply with User’s obligation under clause 2.4 of this User’s Terms and Conditions;
6.2.2.
Shipping Partner’s failure to perform any of his obligations due to circumstances outside his control; or
6.2.3.
Any acts or ommission, whether done intentionally or through negligence, of any party other than the Shipping Partner.
6.3.
Under any circumstances, Shipping Partner shall not be held liable for any Indirect Loss or Damage.

6.4.
Except as provided under Clause 6.5. below, Shipping Partner shall have no authorization to open and inspect the Goods during Transport and hence bear no responsibility for the legality of the Goods or their compliance with any laws or regulations. Logisklik or the Shipping Partner may, in the presence of the User or his representative, open the Cargo to verify whether User has complied with his obligations under Clause 2.4.
6.5.
In the event Logisklik or the Shipping Partner has a reasonable basis to believe that User violated his obligations under Clause 2.4, and/or the Goods contain any material which is considered dangerous, or is prohibited by law, regulations, orpublic policy, User agrees that Logisklik and/or Shipping Partner may, at its own discretion, cease delivery and dispose, destroy, or render innocuous the Goods, or any specific items or materials included therein, surrender the Goods to the appropriate authority, or return the same to the User without incurring any liability for the disposal, destruction, innocuousness of such goods or items, loss of possession or ownership in the Goods, or incomplete or delay delivery of the Goods.
6.6.
In the event Logisklik and/or the Shipping Partner may be required by law, government regulation, judicial administrative or regulatory decision, order or decree, or request by other regulatory organization having authority pursuant to the law, User acknowledges that Logisklik and/or Shipping Partner may disclose personal data and/or any disclosures made by the User, including disclosure of the Goods made pursuant to Clause 2.4, in availing the Services and Transport. In any such case, Logisklik may prior to disclosure, whenever practicable, notify the User in writing and shall provide assistance to User in protecting his data. User agrees to hold Logisklik and/or the Shipping Partner harmless for any loss, or damage brought by compliance with such lawful order or authority.
6.7.
The User agrees to indemnify and hold harmless Logisklik and/or Shipping Partner from any liabilities, claims or lawsuit that Logisklik and/or the Shipping Partner may suffer or any costs, damages or expenses, including legal costs, which may arise from the User’s breach of his obligations or warranties under Terms and Conditions or Logisklik’s and/or Shipping Partner’s actions under Clause 6.5.

7. Fees

7.1
Delivery charges will be applied according to the Transport Fare. The Transport Fare accounts for the transportation of Goods with a specified maximum weight, size, and quantity and will be quoted based on the information and requirements provided by the User by means of the Services.
7.2
The User is obligated to pay the Shipping Partner the Transport Fare in cash or through cards immediately when due, or the User uses any discount promotions to obtain the Services. In addition to the Transport Fare, the User is also responsible to pay or reimburse Logisklik or the Shipping Partner for additional expenses incurred in providing the services including, but not limited to, parking fees, toll fees, fees for additional wait times, and fees incurred for obtaining any permits or special licenses necessary in transporting the goods for and on behalf of the User.
7.3
The User is likewise obligated to pay and will be billed a cancellation fee in the following instances:
a.
Scheduled Inland Transport reservations, Cancellations must be made at least 12 (twelve) hours before the scheduled pick-up and / or delivery time, otherwise the cancellation fee is equivalent to IDR 500,000.00 (five hundred thousand rupiah) and in the event that User cancels upon or upon arrival of the Business Delivery Partner, a cancellation fee equivalent to the efforts incurred by the Delivery Partner;
b.
Freight Forwarding reservations, in the event that User cancels upon or upon arrival of the Business Delivery Partner, a cancellation fee equivalent to the efforts incurred by the Shipping Partner;
7.4.
The user fully understands and agrees that the invoice issued is on behalf of the Shipping Partner.
7.5.
All tax levies that arise in accordance with applicable regulations and laws are the responsibility of each party as a User and Service Provider.

8. Promotions

Logisklik will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Logisklik reserves the right to amend or withdraw any promotions at its sole discretion without prior notice in 4.1. Pengguna mengonfirmasi bahwa data pribadi yang diberikan olehnya adalah benar dan terkini.accordance with the applicable regulatory requirement, if any.

9. Logisklik Disclaimer

9.1.
Logisklik and its Services, including but not limited to its Services, Digital Platform, and customer service are provided to the User on an “as is” basis.
9.2.
Logisklik provides no warranty, assurance, or promise that its Services, Digital Platform, or customer service will work as intended on User’s computer, laptop or other device.
9.3.
Logisklik does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, Digital Platform, or the Drivers.
9.4.
Logisklik is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of Logisklik’s Digital Platform.
9.5.
Logisklik is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property, including the Goods, owned by or in possession of the User or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Shipping Partner, or the process of transporting the Goods.
9.6.
In providing the Services, Logisklik does not act as an agent or representative for the User or Shipping Partner and is not a party to the contract for hire between a User and a Shipping Partner.
9.7.
Logisklik reserves the right to suspend or terminate any engagement with the User or User’s account, created in order to use the Services or Digital Platform should Logisklik believe that the User violates any provisions of this Terms and Conditions and any other policy related to it.
9.8.
User disclaims all Logisklik responsibility for losses suffered by Users due to non-fulfillment of clause 2 and clause 3.
9.9.
Logisklik expressly refuses to be responsible for business activities conducted outside Logisklik Digital Platform.

10. Intellectual Property Rights

10.1.
The Website, the Digital Platform, and all rights, title, and interest in and related thereto are the sole property of Logisklik, its licensors, and are protected by Intellectual Property Laws. Except for, when applicable, the limited licenses expressly granted to you in these Terms and Conditions, Logisklik reserves for itself and its licensors all other rights, title to, and interest.
10.2.
Third party materials, if any, and all rights, title, and interest pertaining thereto, are the sole property of the relevant third parties and are subject to any applicable licenses, conditions and/or reservations.
10.3.
Without limitation on the foregoing, the User may not reproduce, copy, modify, display, sell or distribute the Digital Platform, or any content displayed on the Digital Platform, or use them in any other way for public or commercial purpose without securing the consent of Logisklik, and or the relevant third party. Violation of this provision would automatically terminate your permission to use the Digital Platform or access the Services, as such you must immediately destroy any and all copies you made of the Digital Platform or any content displayed therein.
10.4.
Not with standing anything to the contrary contained herein, this prohibition includes:
(a)
copying or adapting the HTML code used to generate web pages on the sites;
(b)
using or attempting to use engines, manual or automated Digital Platform, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider,” any web pages or any Services provided on the Digital Platform other than any search engine and search agents available from Logisklik on the Digital Platform and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and
(c)
aggregating, copying or duplicating in any manner any of the content or information available from the Digital Platform, without the express written consent of Logisklik. The use of the content from the Digital Platform on any other website, intranet, or in a networked computer environment for any purpose is strictly prohibited.
10.5.
“Logisklik,” “Logisklik’s Logo,” and certain other names or logos are service marks or trademarks of Logisklik, and all related product and service names, design marks and slogans are the service marks or trademarks of Logisklik. The “look and feel” of the Digital Platform and Website (including, without limitation, the color combinations, button shapes, layout, design, and all other geographical elements) are also protected by Logisklik trademarks, service marks, and copyrights). Any code that Logisklik creates or may have created to generate or display the Digital Platform, Website or the pages of the Website are also protected by intellectual property rights. All other trademarks and service marks contained on the Digital Platform and Websites are the trademarks or service marks of their respective owners.

11. Force Majeure

11.1.
Logisklik Digital Platform and/or Shipping Partners may be affected by events beyond Logisklik's authority or authority, hereinafter referred to as “Force Majeure”.
11.2.
Force Majeure includes but is not limited to electricity disruptions, telecommunications disruptions, warfare, rebellion, civil unrest, blockades, sabotage, embargoes, strikes and other labor disputes, commotion, epidemics, natural disasters, earthquakes, hurricanes, floods or other weather conditions. whichis detrimental, explosion, fire, orders or instructions or detrimental policies from any “de jure” or “de facto” Government or its equipment or sub-divisions, and any other cause which Logisklik and/or Partners cannot reasonably control. Delivery, and in such a manner as to result in delays, restrictions or impede timely action by Logisklik and/or Shipping Partners.
11.3.
Logisklik is not responsible for any delays or failures that occur in the provision of Services in connection with Force Majeure and the User agrees to release Logisklik from any demands and responsibilities, if Logisklik cannot facilitate the Service, including fulfilling instructions that Users provide through the Digital Platform, either partially. or entirely, because of a Force Majeure

12. User Submitted Content and Feedback

12.1.
Logisklik welcomes comments, and suggestions regarding the Services, Transport, and the Digital Platform and Website. Please note however, that Logisklik does not accept nor consider creative ideas, suggestions, inventions or materials other than those which it has specifically solicited or requested.
12.2.
If you submit feedback regarding the Digital Platform, Website, Services or Transport, please be specific in your comments and submit creative ideas, inventions, suggestions, or materials. If you proceed, despite this notice, in sending Logisklik creative suggestions, ideas, drawings, concepts, inventions, or other content or information, you understand and agree that these submissions shall become property of Logisklik. Further, by submitting the same, you irrevocably assign the right to these submissions and Logisklik shall own exclusively all rights to these submissions and shall be entitled to the unrestricted use of these submissions for any purpose whatsoever, without compensation to you or any other person.

13. Miscellaneous

13.1.
Logisklik may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on Logisklik’s Digital Platform.
13.2.
Logisklik may, with User’s consent, send any information regarding the Service or promotion to the User in the form of electronic messages, which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Digital Platform. The User permits Logisklik to send these electronic messages to the User via the contact channels provided to Logisklik by the User at the time of registering its account.
13.3.
The User accepts fully and unconditionally the current form of the Terms and Conditions as represented on Logisklik’s website at each use of the Services.
13.4.
These Terms and Conditions shall be governed by the laws of the Republic of the Indonesia and the User submits to the jurisdiction of the competent courts of South Jakarta, to the exclusion of any other court or venue.

14. Refund and Cancellation Policy

Logisklik offers refunds in certain circumstances according to the following guidelines:

14.1.
Logisklik will refund you in full if the service is delayed to the extent that it cannot be rebooked to a comparable service for its intended purpose;
14.2.
If a fee has been deemed to be applied incorrectly to your account;
14.3.
Refunds may be issued in the same method of payment used for the original booking; and
14.4.
If you request a cancellation of a service by email to cs@logisklik.com, prior to an attempt for collection and where Logisklik has not incurred a cost for the booking.
14.5.
Logisklik will apply admin fees to Users who have uploaded the required documents for the services that have been ordered.Logisklik does not offer refunds:
14.6.
If the service delivery has been delayed to the extent that it is outside the estimated time of delivery (ETD). Delivery times are an estimate and do not form part of your contract.
14.7.
At the time of booking, you agree to the terms outlined contained within this user and refund policy. If you don’t agree, then discontinue use of the Logisklik system and do not finalize your booking.
14.8.
Logisklik reserves the right to modify any provisions of the user and policy without any notice to you.
14.9.
If you have any questions, comments or concerns about our refund and cancellation policy, you may contact us.


These Terms and Conditions are effective as of May 2021. If you have any questions, feel free to email us at cs@logisklik.com