Terms of Use

GENERAL TERMS

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

1. Dashboard means the all-in-one website dashboard which consists the delivery management system owned and managed by Biteship, which connects the User and the Logistic Provider for delivering the Goods;
2. Goods means the products belonging to the User which are to be sent via the Dashboard to the recipient's address; an
3. Logistic Provider means Biteship logistic partner which will directly deliver Goods to the recipient’s address as determined by the User.

ACCEPTABLE USE

You agree to use our Dashboard 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 Dashboard.

ACCOUNT REGISTRATION

Users can create an account on Biteship website by registering themselves with their name, phone number, address and/or such other information as may be requested by Biteship for the purpose of account creation. Users need to provide valid, accurate, and up-to-date information about themselves when creating a Biteship account.

After verifying, the Biteship system will create a personal Biteship account (“Account”) for you to use the Dashboard and create a delivery order through the Dashboard. Your mobile number is ascribed to your account. You cannot create a new account with a registered mobile number.

Biteship may, in its sole discretion and without notice:

1. close, delete or suspend your Account on the Dashboard;
2. prohibit any User from using specific features, devices and/or services available on the Dashboard;
3. terminate your access and/or block your future access to the Dashboard; and/or
4. take any and all necessary actions against failure to comply with or against actions that violate (with or not preceded by complaints from other Users) this Terms of Use, and/or applicable laws, including if the transaction involving User is or is suspected of being fraudulent or misleading.

USER ACCOUNT

Your Account can only be used by You and cannot be transferred to other people for any reason. 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 User Account, including registered name, electronic mail address, registered mobile number, payment details and payment method you choose, as well as verification code generated and sent by Biteship are fully User personal responsibility. All losses and risks arising from User negligence in maintaining such security and confidentiality are borne by User only. In such cases, Biteship assumes any use or order made through User Account as a User 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 actions as it considers necessary and it may do towards that unconsented use.

Period of time

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 to 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. Force majeure occurs for 3 (three) months or more in a row; and/or

Personal Information

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

INTELLECTUAL PROPERTY

Our Dashboard and its 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 Dashboard or its content without our prior written permission.

TERMS OF SERVICE

1. To use our service from our Dashboard, it is necessary for you to furnish precise and thorough information regarding the identity of the sender and the recipient, 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. You agree that Biteship shall not be responsible for any losses or damages incurred by you due to incorrect information regarding this matter.
2. We have the option to do bulk delivery on our Dashboard, by adding additional recipients as well as filling in the similar details as mentioned in the previous paragraph.
3. Upon your own evaluation of the Goods' characteristics, you are required to package them appropriately to ensure that they remain undamaged during delivery by our Logistic Provider.
4. If you are expecting the Logistic Provider to collect Cash-on-Delivery (COD) from your recipient, you have the option to choose the additional feature to collect COD which may only be available by certain Logistic Provider as indicated in our Dashboard.
5. After the completion of your details of your delivery request, you will be able to see the list of fees of our Logistic Provider (“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 QR code which is available on our Dashboard, or using other payment methods as determined by Biteship from time to time.
7. You agree that, before placing a delivery request through our Dashboard, you will ensure that the goods match with the goods’ description as specified by you in our Dashboard and the goods are not prohibited under any applicable laws or regulations. You will be solely responsible for verifying that the goods are not prohibited 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, upon our sole discretion, that the goods are prohibited or may violate any laws or regulations.
8. You acknowledge that the weight of the goods which will be delivered through our Dashboard will be determined based on the largest weight between the actual weight and volumetric weight of the goods. 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 in the weight of the goods as calculated by Biteship and/or the Logistic Provider and the weight declared by you, Biteship will use its calculation as the final weight for determining the shipping fee and/or any additional fees. You agree to pay the shipping fee and any additional fees, 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 OUR DELIVERY SERVICE

1. If you want to insure each item sent through our Dashboard, the amount of the insurance fee is 0.5% (zero point five percent) of the value of the Goods and a maximum replacement value of IDR 50,000,000 (fifty million Rupiah) per air waybill.
2. If there is loss or damage to the insured Goods, the insurance appointed by Biteship will compensate you in the amount of the value of the Goods as evidenced by an invoice or receipt of purchase of Goods;
3. If the Goods are not insured, in the event that there is damage and/or loss of either the whole or part of the Goods sent to the recipient caused by an error either negligence or intentional made by the Logistic Provider during the delivery process, the Logistic Provider, through the Bitehsip, must provide compensation of 10 (ten) times the Fees per kg and/or a maximum of IDR 1,000,000 (one million Rupiah) per air waybill, whichever is smaller than the Goods price for the damaged and/or lost Goods;

4. You or your recipient must make and submit a list of lost and damaged Goods as well as supporting documents needed for processing 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 Document”) to Biteship and comply with the following claim requirements as follows:

   1. The party submitting the claim must submit the report no later than 24 (twenty four ) hours after the Goods are received by the recipient;
   2. The submitting party is required to send Claim Documents to Biteship no later than 2 (two ) Calendar Days from the report as mentioned in the previous paragraph. In the event of total loss and/or damage to the Goods (total loss), claim submission must be made no later than 2 (two ) Calendar Days since the recipient receives confirmation from the Logistic Provider through Biteship that the Goods are lost or totally damaged in delivery.
   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 if the following occurs:

   1. The process of filing claims that are 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 do 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 District 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 using a Logistics Provider:

      • condition of packing and packaging of Goods that do not meet the safety and eligibility standards of the Logistic Provider;
      • Livestock, blood stock, and plant;
      • 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 in similar nature;
      • Live animals except bees, leeches, silkworms, parasites, insects, and repellent insects, 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 drinks (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 arisen 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 the 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 our Dashboard service 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 Dashboard.

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 AGREEMENT

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.