Biteship Service Terms of Use

GENERAL TERMS

Unless specifically defined in other parts of this Terms of Use, the terms below shall have the interpretations as follows:

1. Biteship Services or Services means all services provided by Biteship to the User from time to time, including but not limited to:

   1. Biteship Dashboard ("Dashboard");
   2. Biteship Application Programming Interface (API);
   3. Biteship Plugin; and
   4. other services that may be accessed or used by Users, customers, clients, affiliates, agents, representatives, and other parties as available from time to time.
2. Goods means the products belonging to the User which are to be sent via our Services to the recipient's address; and
3. Logistic Provider means Biteship's logistic partner which will directly deliver Goods to the recipient's address as determined by the User.

ACCEPTABLE USE

You agree to use our Services for lawful purposes only. You may not use our platform for any illegal or unauthorized purpose, including but not limited to copyright infringement, trademark infringement, and unauthorized access to or use of our Services.

ACCOUNT REGISTRATION

Users may create an account on the Biteship website by registering themselves with their name, phone number, address, and/or such other information as may be requested by Biteship from time to time for the purpose of account creation. Where the User acts as a representative or proxy of a company or legal entity, such account registration shall also include information about the User personally as well as the company or legal entity represented.

The User must ensure that all information provided at the time of registration as well as during the use of the Biteship Services is valid, accurate, complete, and up-to-date, both relating to the User personally and the company or legal entity represented by the User. The User shall be fully responsible for any consequences arising from providing invalid, inaccurate, incomplete, or outdated information.

After the User completes the registration, Biteship will send a verification link to the email address registered by the User. The User must complete the email verification before being able to continue with the account registration process.

After the email verification is completed, the User must complete one of the following identity verification processes according to the intended use of the account:

1. Personal Verification, if the account is registered for personal use, by submitting a valid Indonesian Identity Card (KTP); or

2. Company Verification, if the account is registered for a company or legal entity, by submitting documents in the form of:

   • Deed of Establishment of the Company together with its amendments (if any);
   • Company Taxpayer Identification Number (NPWP); and
   • Trading Business License (SIUP) or other applicable business license.

After all the verification processes mentioned above are completed, the Biteship system will create a Biteship account ("Account") on behalf of the User, so that the User can access the Dashboard and create delivery orders through our Services. The registered email address is unique and tied to one Account. The User cannot register a new Account using an email address that has been previously registered.

Biteship may, in its sole discretion and without prior notice, take the following actions:

1. close, delete, or suspend the User's Account;
2. prohibit the User from using specific features, devices, and/or services available within the Biteship Services;
3. terminate and/or block the User's access to the Biteship Services, including for the future; and/or
4. take any other action deemed necessary by Biteship against: (i) the User's failure to comply with this Terms of Use and/or applicable laws; or (ii) the User's actions that are alleged or suspected to be fraudulent, misleading, or unlawful, whether based on Biteship's own findings or based on complaints from other Users.

USER ACCOUNT

Biteship reserves the right to refuse to facilitate orders if Biteship has sufficient reasons to suspect that you have transferred or allowed your Account to be used by someone else.

The security and confidentiality of the User Account, including registered name, electronic mail address, registered mobile number, payment details and payment method you choose, as well as the verification code generated and sent by Biteship, are fully the User's personal responsibility. All losses and risks arising from User negligence in maintaining such security and confidentiality are borne by the User only. In such cases, Biteship deems any use or order made through the User's Account as the User's legitimate request.

You shall immediately notify Biteship upon knowing or suspecting that your Account has been used without your knowledge and consent. Biteship will take such actions as it considers necessary and may do towards such unconsented use.

Period of time

The User's Account will be valid as long as the account is not permanently closed, either by the User or by Biteship.

Account closing

Your Biteship account may be closed for the following reasons:

1. Requested by you;
2. Suspected of fraud or any other suspicious activities;
3. Our policies are based on applicable laws and regulations;
4. Force majeure occurs for 3 (three) months or more in a row; and/or
5. Other reasons in connection with account blocking.

Personal information

Collection, storing, processing, use and sharing of User personal information, such as name, electronic mail address, and mobile phone number provided by the User when opening an Account are subject to the Privacy Policy, which is an integral part of this Terms of Use.

INTELLECTUAL PROPERTY

Our Services and their content, including but not limited to text, graphics, logos, and images, are the property of Biteship or our licensors and are protected by copyright and other intellectual property laws. You may not use, copy, reproduce, distribute, transmit, display, or create derivative works of our Services or their content without our prior written permission.

TERMS OF SERVICE

1. To use our service, you need to provide accurate and thorough information regarding the identity of the sender and the recipient, the pickup address of the Goods, the delivery address of the recipient, and the specifics of the Goods that will be delivered. You may do this by providing details such as the item description, value, weight, dimension, quantity, and type in the Goods information field. You may also include supplementary details such as the sender's and recipient's telephone numbers. In addition, you are required to choose the delivery service type available on our Dashboard.

   The User must ensure that all information entered into the Biteship Services is true, accurate, and matches the actual physical condition of the Goods. In the event of any discrepancy between the information entered by the User and the actual physical condition of the Goods, the User understands and agrees that:

   1. Biteship shall not be responsible for any loss, damage, or claim arising as a result of the inaccuracy or discrepancy of such information;
   2. The Logistic Provider and/or insurance service provider has the right to reject, cancel, and/or not process any claim filed by the User if the type or condition of the Goods received does not match the information stated at the time the delivery order was created; and
   3. All risks and legal as well as financial consequences arising from the provision of incorrect or inaccurate information shall be the sole responsibility of the User.

   Biteship has no obligation to verify the truth of the goods information entered by the User and cannot be held liable for the rejection of claims by the Logistic Provider and/or insurance service provider caused by such discrepancy of information.

2. We have the option to perform bulk delivery on our Dashboard, by adding additional recipients as well as filling in similar details as mentioned in the previous paragraph.
3. Upon your own evaluation of the Goods' characteristics, you must package them properly in accordance with the packaging standards specified by Biteship, to ensure that the Goods remain undamaged during delivery by our Logistic Provider. The packaging standards may refer to document BTS-TC-OP-002 3PL Terms & Conditions / Syarat dan Ketentuan Kurir Courier under the Standard Packaging section.

4. If the User wants the Logistic Provider to collect Cash-on-Delivery (COD) from the recipient, the User may select the COD feature available on the Dashboard. The User understands that the COD feature is only available for certain Logistic Providers as displayed on the Biteship Dashboard from time to time. When using the COD feature, the User must observe and comply with the applicable minimum and maximum COD value limits as displayed on the Biteship Dashboard at the time the delivery order is created. The User understands and agrees that:

   1. any COD order whose transaction value falls outside the applicable minimum and/or maximum limits may be rejected, canceled, or not processed by Biteship and/or the relevant Logistic Provider;
   2. Biteship reserves the right to change the minimum and maximum COD value limits at any time without prior notice, in line with the prevailing arrangement between Biteship and the Logistic Provider; and
   3. the User is responsible for ensuring that the COD value entered complies with the applicable limits at the time the order is created, and Biteship shall not be responsible for any losses arising from the User's non-compliance with such COD value limits.
5. After completing the details of your delivery request, you will be able to see the list of fees of our Logistic Providers ("Fees") including the COD Fees, if applicable. The COD Fees will vary based on how long the COD will be deposited to your account. Insurance is available upon activation after you complete the details as mentioned in (a), which will be subject to No. 7 of this Terms of Use. You understand and acknowledge that Biteship can change and/or update the Fees offered from time to time based on certain factors, including location, time, applicable laws and regulations. By making the payment of such Fees, you understand that you will also be subject to the terms of service of each Logistic Provider.
6. Payment of the Fees may only be made using Biteship points (Saldo Biteship), by topping up using the QR code available on our Dashboard, or by other methods determined by Biteship from time to time, including using an invoice with post-paid payment terms.
7. You agree that, before placing a delivery request through our Services, you will ensure that the goods match the goods' description as specified by you on our Dashboard, match the actual purchase price of the Goods as evidenced by the purchase invoice, and that the goods are not prohibited or restricted under any applicable laws or regulations. You will be solely responsible for verifying that the goods are not prohibited and/or restricted, and will indemnify and hold us and our affiliates, directors, officers, employees, agents, and representatives harmless from any and all claims, damages, losses, liabilities, costs, and expenses arising from the delivery, possession, use, or distribution of any prohibited goods by you or any third party, including but not limited to fines, penalties, and legal fees. Biteship and/or the Logistic Provider shall reserve the right to refuse delivery or cancel any request if we determine, in our sole discretion, that the goods are prohibited or may violate any laws or regulations.
8. You acknowledge that the weight of the goods to be delivered through an order on our Services will be determined based on the largest weight between the actual weight and volumetric weight of the goods, and you will ensure that the weight and dimensions entered on our Dashboard are the weight and dimensions after the Goods have been packaged. You agree that Biteship and/or its Logistic Provider may use any method it deems appropriate to calculate the goods' weight, including but not limited to using weighing scales, volumetric calculations, or any other means necessary. If there is a difference between the weight of the goods as calculated by Biteship and/or the Logistic Provider and the weight declared by you, Biteship and/or the Logistic Provider have the right to use their respective calculation as the final weight for determining the shipping fee and/or any additional fees without requiring prior approval from the User, and the User hereby agrees that the determination of such final weight is final and binding. You agree to pay the shipping fee and any additional fees, including any surcharge stated in the shipping terms and conditions, if applicable, as mentioned on our Dashboard, including but not limited to any fees for overweight or oversized goods. Biteship and its Logistic Provider shall reserve the right to refuse delivery or cancel any order if it determines, in its sole discretion, that the package exceeds the maximum weight or size limit, or if the package poses a risk to the safety or security of its employees, agents, or other customers.
9. Upon your successful delivery request on our Dashboard, our Logistic Provider shall have the right to ensure that the Goods are in accordance with the description and do not violate this Terms of Use.

INSURANCE FOR DELIVERY SERVICE

1. If you wish to insure each item sent through the Dashboard and any of our Services, the insurance fee is 0.5% (zero point five percent) of the value of the Goods, with a maximum replacement value of IDR 50,000,000 (fifty million Rupiah) per airwaybill.
2. In the event of loss or damage to the insured Goods, the insurance provider appointed by Biteship shall compensate You for the value of the Goods as evidenced by an invoice or purchase receipt. You understand that there is a deductible fee of 10% (ten percent) of the price of the Goods entered on the Dashboard;

3. If the Goods are not insured, in the event of damage and/or loss, whether total or partial, of the Goods sent to the recipient caused by negligence or intentional acts of the Logistic Provider during the delivery process, the Logistic Provider through Biteship shall be liable to provide compensation under the following terms:

   1. non-document shipments: ten (10) times the shipping cost after discount, or the price of the damaged and/or lost Goods, whichever is lower; or
   2. document shipments: IDR 50,000 (fifty thousand Rupiah) per airwaybill;

4. You or your recipient must make and submit a list of lost and damaged Goods as well as supporting documents needed to process insurance claims, including but not limited to minutes of loss and damage, loss certificate from the police, and other documents as Biteship may deem necessary ("Claim Documents") to Biteship and comply with the following claim requirements:

   1. The party submitting the claim must submit a report and complete the Claim Documents to Biteship no later than 2 (two) Calendar Days after the Goods are received by the recipient, or in the case of total loss and/or damage to the Goods (total loss), no later than 2 (two) Calendar Days from the time the recipient receives confirmation from the Logistic Provider through Biteship that the Goods are lost or totally damaged in delivery.

   2. Other supporting documents include but are not limited to:

      1. Biteship order number;
      2. Goods details;
      3. Goods value (excluding Shipping Fee);
      4. Proof of payment for the Goods or Invoice;
      5. Photo of the condition of the Goods (only for damaged Goods);
      6. Proof of pick-up by the Courier;
      7. Unboxing video of the goods complete with the receipt attached to the package.
   For the avoidance of doubt, if the claim report is not submitted within the above specified timeline, the claim shall be deemed invalid and you or the recipient will not be entitled to any compensation or reimbursement. You shall be solely responsible for ensuring that the claim report is submitted within the specified timeline. Any delay or failure to submit the claim report within the specified timeline shall release us from any and all liability for the claim.

5. The Logistic Provider or insurance company appointed by Biteship may refuse a claim for compensation in the following cases:

   1. The process of filing claims that is made after the deadline referred to in point (d)(i);

   2. Loss and damage to Goods caused by:

      • condition of packing and packaging of Goods that does not meet the safety and eligibility standards of the Logistic Provider;
      • errors in providing information by the recipient through the Dashboard regarding the Goods delivered, the place and/or time of collection of the Goods;
      • the nature of the Goods, for example: decay;
      • technical risk of goods caused by manufacturing failure, as long as the package or packaging of the goods is not opened by you, for example: the Goods do not work or change function;
      • detention, confiscation, and/or destruction of Goods carried out by Government agencies such as Customs, Quarantine, Police, and the Attorney's Office as a legal consequence of the condition and/or type of Goods delivered; or
      • damage caused by acts of third parties such as threats with weapons, theft, robbery, hijacking, and looting.

   3. Goods that are prohibited from being delivered through the Logistic Provider:

      • condition of packaging of Goods that does not meet the safety and eligibility standards of the Logistic Provider;
      • Livestock, blood stock, and plants;
      • Ammunition, firecrackers, matches, large amounts of gasoline or other explosives and/or flammable materials in large quantities;
      • Paper money, money orders, checks, and other goods of a similar nature;
      • Live animals except bees, leeches, silkworms, parasites, insects, repellent insects, and destructive insects sent by officially recognized bodies;
      • Weapons, military equipment, and spare parts;
      • Body/remains of human body (corpse);
      • Items that offend decency;
      • Opium, morphine, cocaine, and other illicit drugs, toxic substances (e.g. cyanide, arsenic);
      • Losses and/or costs incurred including lawsuits, caused by your negligence and errors arising from not complying with the provisions, including the basis for Goods packaging;
      • Dangerous goods in large quantities (Explosives, Flammable Liquid Gases, Flammable Solids, Oxidizing Substances, Toxic Substances, Radioactive Materials, Corrosive, Other Dangerous Goods);
      • Biological materials that are perishable and easily transmit disease;
      • Alcoholic beverages (except those with a license);
      • Gold, Diamonds, and Precious Materials;
      • Materials classified as hazardous materials according to the applicable regulations of the minister of trade;
      • Other items which according to laws and regulations are declared prohibited.

DISCLAIMER OF WARRANTIES

Our Dashboard is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee the accuracy, timeliness, completeness, reliability, or availability of our platform or its content.

LIMITATION OF LIABILITY

In no event shall we be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Dashboard, whether or not we have been advised of the possibility of such damages.

You understand that upon any investigation where Biteship is proven to cause damages to you that arise out of negligence, errors, violations, and other criminal acts caused by the courier of the Logistic Provider in delivering Goods, you understand that Biteship is not obliged to give you any material compensation, however Biteship is obliged to assist you by coordinating with couriers, Logistic Providers, or other related parties to make compensation for the losses incurred by you and/or by providing supporting documents to submit insurance claims, if you choose to use insurance in accordance with this Terms of Use.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our platform, your violation of these terms and conditions, or your violation of any law or regulation. Biteship shall not be responsible for any material or immaterial damages in connection with the provision of services, as long as such damages are caused by the negligence and/or failures by you and are not considered as damages which are caused directly and can be proven to other third parties to be the negligence and/or failures of Biteship.

As a logistic aggregator, Biteship is committed to providing our users with access to various Logistic Providers through our dashboard service. However, it is important to note that each Logistic Provider has its own terms of use that must be followed by our users. By using our Dashboard service, you acknowledge and agree that you are solely responsible for complying with the terms of use of each Logistic Provider that you choose to work with through our Dashboard. We strongly advise you to carefully review and understand the terms of use of each Logistic Provider before using their services.

You further agree to indemnify and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses arising from your failure to comply with the terms of use of any Logistic Provider that you choose to work with through our Dashboard. This includes, but is not limited to, any fines, penalties, or other charges that may be imposed by the Logistic Provider as a result of your non-compliance with their terms of use.

We take no responsibility for any actions or omissions of the Logistic Providers and shall not be liable for any damages, losses, or expenses that may arise as a result of their actions or omissions. Your use of all of our Services is at your own risk and you agree to hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising from your use of our Services.

FORCE MAJEURE

Biteship shall not be liable for any failure or delay in the performance of its obligations, or for any loss or damage, arising from any event beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, war, terrorism, riots, civil unrest, strikes, lockouts, or other labor disturbances, governmental regulations, or orders of any court, tribunal, or other governmental body ("Force Majeure Event").

In the event of a Force Majeure Event, Biteship shall be entitled to suspend or terminate its services, without liability to the user or any third party, and shall have no obligation to fulfill its responsibilities under this Terms of Use, any agreement, contract, or arrangement with you.

Biteship will use its commercially reasonable efforts to mitigate the effects of any Force Majeure Event and to resume its services as soon as practicable. Biteship shall not be liable for any losses, damages, or expenses incurred by you or any third party as a result of a Force Majeure Event.

You agree to indemnify and hold harmless Biteship and its affiliates, directors, officers, employees, agents, and representatives from any and all claims, damages, losses, liabilities, costs, and expenses arising from any Force Majeure Event.

DISCLAIMER

OTHER THAN AS SET OUT IN THIS TERMS OF USE, BITESHIP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO BITESHIP'S SOLUTION, THE DOCUMENTATION, SERVICES OR OTHERWISE RELATING TO THIS TERMS OF USE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BITESHIP'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BITESHIP DOES NOT WARRANT THAT BITESHIP'S SERVICE INCLUDING BUT NOT LIMITED TO THE DASHBOARD WILL ALWAYS SATISFY YOUR REQUIREMENTS, ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF BITESHIP'S SERVICE WILL BE UNINTERRUPTED. BITESHIP CANNOT GUARANTEE THE CONTINUED AVAILABILITY OF BITESHIP'S SERVICE, AND MAY CEASE PROVIDING THEM AT ANYTIME. FURTHER, BITESHIP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PLATFORM OR DATA BEING MAINTAINED BY ANY LOGISTIC PROVIDER OR OTHER THIRD PARTIES, ITS ACCURACY, COMPLETENESS, OR CURRENTNESS.

TERMINATION

Biteship reserves the right to terminate or suspend your access to our Dashboard, without notice and for any reason, including but not limited to your violation of this Terms of Use.

GOVERNING LAW

This Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Indonesia, without giving effect to any principles of conflicts of law.

MODIFICATION

We reserve the right to modify this Terms of Use at any time, without notice and in our sole discretion. Your continued use of our Dashboard after such modifications shall constitute your acceptance of the modified Terms of Use.

ENTIRE TERMS OF USE

This Terms of Use constitute the entire agreement between you and us regarding your use of our Dashboard and supersede all prior or contemporaneous agreements or representations, whether oral or written, unless specifically stated otherwise.

APPLICABILITY OF TERMS

In the event of any conflict, inconsistency, or ambiguity between the documents governing the legal relationship between Biteship and the User, the following hierarchy of documents shall apply in the following order:

1. This Terms of Use;
2. A written agreement specifically signed between the User and Biteship (if any);
3. Specific terms and conditions applicable to certain services, including but not limited to the API, Plugin services, Logistic Provider terms and conditions, storage terms and conditions, and terms and conditions for other Biteship Services, as determined by Biteship from time to time; and
4. Other policies issued by Biteship through the Dashboard or other official channels.