Important Note – These Terms of Use (as defined below) govern the terms and conditions of use of the [GUDANG2GO] (as defined below) and [GUDANG2GO] Account (as defined below) published and provided by PT [GUDANG2GO] (as defined below). The Terms of Use constitute a legal agreement, so please read these Terms of Use carefully before registering your [GUDANG2GO] Account. By using the [GUDANG2GO] Services (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within these Terms of Use and wish to discontinue using the [GUDANG2GO] Services, please do not continue using the GUDANG2GO Application (as defined below) or the [GUDANG2GO] Services. The Terms of Use are accessible at any time on the GUDANG2GO website or from the GUDANG2GO Application. The Terms of Use shall apply to all User (as defined below).

1. GENERAL TERMS

1.1  GUDANG2GO Application is a software application accessible by a Designated Unit that serves as a means used by customer to buy goods or services provided by third parties (such as GUDANG2GO partners), who use the application as a forum to provide their goods or services, which may be provided from time to time through this application.

1.2  GUDANG2GO Account is the account given to each GUDANG2GO User at the time of registration. This account will be created in accordance with the detailed information you have provided to us when registering.

1.3  Warehouse is an individual service provider as well as a legal entity service provider that provides storage, management, and delivery of goods.

1.4  Terms of Use are this terms and conditions of use of GUDANG2GO and GUDANG2GO Account as may be amended, modified, and/or replaced from time to time as provided in Article 10.8.

1.5       Mitra Gudang is a Warehouse that is registered and uses the 2GO GUDANG Application.

1.6  PT [GUDANG2GO], “us”, “we”, or “our” is PT [GUDANG2GO], a limited liability company duly established and operated under the laws of the Republic of Indonesia and domiciled in [West Jakarta].

1.7  Smartphone is a mobile cellular phone with Android, iOS, and/or other operating systems that are compatible to run the GUDANG2GO Application and [GUDANG2GO].

1.8  User, “you”, or “your” is a party who has registered him/herself in the [GUDANG2GO] Account and therefore can use [GUDANG2GO] in a manner described herein and agrees to these Terms of Use.

1.9  Designated Unit is every unit of computer or Smartphone that has GUDANG2GO Software installed.

2. ACCOUNT REGISTRATION

2.1  To use [GUDANG2GO], you must do the registration with PT [GUDANG2GO], which may be completed through the GUDANG2GO Application that has been downloaded to your Designated Unit. You are under obligation to provide the correct, true and most up-dated information details of yourself.

2.2  For the purpose of registering your [GUDANG2GO] Account and/or using certain services under the [GUDANG2GO] Services, we may, at our sole discretion, ask you to submit additional documents or information, such as your latest photograph and/or a copy of your valid identity document (e.g., Kartu Tanda Penduduk (KTP)). You may send us the documents electronically or directly to our office, subject to our specific instructions on this. We will verify your submitted documentation and determine your eligibility based on the submitted documents. We may also require further information from you and may need to meet you in person (or through our agent) if needed.

You agree that we have the right to terminate our services to you if you are deemed to have failed to comply with any of the additional requirements in the manner and within the timeline set out in our notice to you in this regard, or we found out that your information details set out in these additional documents are not consistent with those you provided when registering the [GUDANG2GO] Account. By making those documents available to us, you are deemed to consent to the collection, use, processing, and disclosure by us of your personal information as indicated in the documents you provide to us, in accordance with the prevailing laws and regulations. For the purpose of processing your application or any other purposes we deem appropriate, you agree that we may disclose your personal information which is given in the course of your account registration application to any third parties, including governmental and monetary authorities and third-party processors, to the extent permitted by the prevailing laws and regulations.

In addition, you undertake to provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your e-mail address or telephone number, you must immediately update your details through the system provided. We will, to the best of our liabilities, effect such changes as requested immediately. We will not be liable for any loss you may suffer due to your failure to update your details through the relevant system.

2.3  For the account registration through GUDANG2GO Application, you will choose your own password and other login details necessary to identify you. You are strictly prohibited from disclosing your log-in details to any third parties, except as required by the prevailing laws and regulations (which in this case, you will notify us in writing of such disclosure immediately). We or our officers will never ask for your password in any communications between you and us (except to log-in to your [GUDANG2GO] Account or to use your [GUDANG2GO] Account to make any payment transaction in the GUDANG2GO Application using your Designated Unit). You agree to bear any risks associated with the disclosure of your log-in details to any third parties and are fully responsible for any consequences related thereto.

2.4  You represent and warrant that you are an individual legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, in particular the Terms of Use, to use [GUDANG2GO] and that you are at least 21 (twenty-one) years old or are married and not under guardianship. If you do not satisfy any of these requirements but still access the [GUDANG2GO], you represent and warrant that your account opening and other activities in [GUDANG2GO] have been approved and/or consented to by your parents/legal guardian. You waive any right that the law may provide you to cancel or revoke any and all of your consents given under these Terms of Use by the time you are by law deemed mature. You fully release and hold harmless us and our officers from any consequences related thereto.

2.5  Please make sure that any orders made through the GUDANG2GO Application using your [GUDANG2GO] Account are made strictly only by you. DO NOT ASK OR ALLOW OTHERS TO MAKE AN ORDER USING YOUR [GUDANG2GO] ACCOUNT. You hereby acknowledge that, while we do our best to implement our business, it is not an easy task to make sure who actually is behind the screen. Therefore, you agree that any order made through your [GUDANG2GO] Account will be deemed a valid order made by you as if the order were actually made by you. You further represent and warrant that you have the right, authority and capacity to use [GUDANG2GO] and to abide by these Terms of Use.

3. USE OF YOUR [GUDANG2GO] FEATURES

3.1  [GUDANG2GO] can only be used for the [GUDANG2GO] Services provided in the GUDANG2GO Application.

3.2  You can use the [GUDANG2GO] Services as long as you have sufficient funds in your [GUDANG2GO] Account and the transactions are made with the merchants that have entered into a cooperation agreement with us and/or our affiliated companies. The list of the Warehouse Partners is available and will be updated from time to time (depending on our agreement with each of the Warehouse Partners), in your GUDANG2GO Application, or in the case of offline merchants, as notified to you from time to time.

3.3  Your use of your [GUDANG2GO] Account and/or the [GUDANG2GO] Services is subject to the terms of use of the GUDANG2GO Application, the applicable terms and conditions of other features provided in the GUDANG2GO Application, these Terms of Use, the privacy policy and any other applicable prevailing laws and regulations in the Republic of Indonesia. The use of your [GUDANG2GO] Account and/or the [GUDANG2GO] Services is your sole responsibility and we are not and cannot be held liable for any losses, damages, or claims arise due to your use of [GUDANG2GO] Account and/or the [GUDANG2GO] Services that is not in compliance with any applicable terms and conditions or prevailing laws and regulations.

4. ACCOUNT BLOCKING

4.1  We may, at our sole discretion or at your request, block your [GUDANG2GO] Account and the use of the [GUDANG2GO] Services upon the occurrence of any event or circumstance which we consider to be detrimental to either you or us. These events or circumstances include (but are not limited to) the following:

a.     the use of the [GUDANG2GO] Account and/or the [GUDANG2GO] Services either by you or any other third parties (misusing your account) in a manner contrary to these Terms of Use, our terms and conditions for each product featured in the GUDANG2GO Application, our privacy policy or the prevailing laws and regulations, including but not limited to for the purpose of anti-money laundering and countering terrorism-funding, criminal activities, fraud or any activities that may be detrimental to the public and/or any other party;

b.       the loss/theft/hacking of your Designated Unit or log-in details that you have reported to us;

c.       an instruction to block issued by any relevant government or monetary institution or under a court ruling issued in accordance with the prevailing laws and regulations; and/or

d.      any other reasons we deem necessary.

In such an event, we will notify you with or without providing details of the reason for the blocking. Subject to the provisions hereof, the blocking will not be unreasonably continued once we determine that the event or circumstance giving rise to the blocking has ended.

4.2   If your [GUDANG2GO] Account is blocked while you have strong evidence that no suspicious event or circumstance has occurred, you may file a complaint in the manner described in Clause 5.6. Upon reviewing your complaint, we may, at our discretion, decide whether to end or continue the account blocking.

5. ISSUES AND COMPLAINTS

5.1   Discrepancies. Your transactions using [GUDANG2GO] are saved electronically in our server. You acknowledge that we have made our best effort to maintain the security of the system. However, unless an error is caused directly by us, in the event of any discrepancy between the data and the balance and/or transactions history indicated in your [GUDANG2GO] Account and the data and the balance and/or transactions history held and managed by us, the data and the balance and/or transactions history held and managed by us will be deemed conclusive evidence and binding upon both parties.

5.2   Dormant Account. If you do not use your [GUDANG2GO] Account for a minimum of consecutive 3 (three) months, we may block your [GUDANG2GO] Account. As long as your GUDANG2GO account is blocked, for security purposes your goods will keep be stored in our partner’s Warehouse and access to such goods will also be blocked. The security of your belongings will be maintained, but we nor Warehouse Parther are not responsible for the quality and condition of the goods that may change or decline due to time, weather, storage and other natural conditions. To reactivate the relevant account, you may file a complaint in the manner described in Clause 5.6. Upon verification of your personal information, we may, at our discretion, decide whether to end or continue the account blocking. Certain fees may be imposed with respect to the dormant account which may be determined from time to time by us and notified to you in the manner described in Clause 10.8.

5.3   Personal Data. You understand that when using your [GUDANG2GO] Account (including commenting on our services in the User’s reviews), certain of your personal data may be collected, used, processed, and/or disclosed by us so that you can enjoy the [GUDANG2GO] Services to the fullest extent of its functionality. For the purpose of operating the [GUDANG2GO] Account and/or any other purposes we deem appropriate, you hereby consent to the collection, use, processing, and disclosure of any and all of your personal data by us and you are also fully aware that some of your data or information will be accessible to the third party whose services you use (such as the merchants) through our application. For avoidance of doubts, you also allow us to disclose your personal data to any third parties we engage with, or to any authority (including judicial authority) in accordance with the prevailing laws and regulations. We will not be liable for any loss you may suffer due to any misuse by the third party of your data or information that has been disclosed according to this Clause. You also acknowledge that we may be required to disclose your personal data to any authority (including a judicial or monetary authority) under the prevailing laws and regulations.

5.4   Viruses, Errors, Bugs, and Other Forms of System Interruption. Your online safety and security is of the utmost importance for us. We employ reasonable security measures to safeguard your data in transit, while stored and your use of the [GUDANG2GO] Account and/or [GUDANG2GO] Services. However, we would like to highlight that no system is impenetrable, and this may result in increased risk exposures of your information and use of the [GUDANG2GO] Account and/or [GUDANG2GO] Services. Therefore, without limiting the generality of Clause 10, to the extent permissible under the prevailing laws and regulations, you agree to release us from any claims arising out of or in connection with the viruses, errors, bugs, or other forms of system interruption, including unauthorized access by third parties. We encourage you to notify us immediately if you encounter any system interruptions above so that we can make an effort to fix the problems.

In addition, you undertake not to harm, tweak or modify your [GUDANG2GO] Account or attempt to harm, tweak or modify it in any way whatsoever. We will not be liable if you do not have a compatible device or if you have downloaded the wrong version of [GUDANG2GO] to your device. We reserve the right to prohibit you from using [GUDANG2GO] and/or [GUDANG2GO] Services further if you use the aforesaid with an incompatible or unauthorized device or for purposes other than those for which the [GUDANG2GO] and/or [GUDANG2GO] Services are intended to be used.

5.5   Loss/Theft/Hack of Your Designated Unit or Log-in Details. If your Designated Unit or log-in details are lost, theft, and/or hacked, please let us know without delay in 48 (forty eight) hours through complaint mechanism as set fort in Article 5.6. If any delay occurs between the events and your notification of such events and there is any transaction entered into by your account, you agree that once executed, the Payment for such transaction will be deemed a valid payment.

5.6   Questions, Requests and Complaints. If you have any questions, requests or complaints about the [GUDANG2GO] features, please send us an e-mail at [] or call us at [].

To respond to your questions, requests, or complaints, we will first verify your data. We are entitled to refuse to process your questions, requests, or complaints if your data does not match the data stored in our system.

We will check or verify your complaint and respond to you in accordance with the policies and procedures applicable in our company after receiving a complete complaint submission from you.

6. ACCOUNT CLOSING

6.1   A [GUDANG2GO] Account may be closed due to the following:

a. a request by you;

b. our policy in accordance with the prevailing laws and regulations;

c. a Force Majeure condition which continues for more than 3 (three) months consecutively as stipulated in Clause 10.1 below; and/or

d. reasons related to the account blocking as set out in Clause 4.1.

6.2   In the event of an account closing, we will refund in full the remaining balance in your [GUDANG2GO] Account to you by the redemption method agreed to between the parties, after the payment of any outstanding fees (if any), unless there exists any event or circumstance which we consider to be or might be detrimental to us or any other party that requires us to retain certain amount of your [GUDANG2GO] balance, for example, due to reasonable belief that it is associated to or resulted from fraud. You must ensure that you have emptied all items (if any) stored in the Warehouse. After the closing of the account, neither we nor the Warehouse Partners are responsible for the Goods. We reserve the right to charge you all costs that we or Warehouse Partners have incurred in connection with the emptying or destruction of the Goods, if any.

7. USER’S RESPONSIBILITIES

7.1   The responsibilities specified in this Clause 7 are in addition to any responsibilities imposed elsewhere under these Terms of Use.

7.2     You are responsible for the security of your Designated Unit and log-in details which is used to access your [GUDANG2GO] Account by properly maintaining and making available sufficient storage to prevent any failure/error in any process of the [GUDANG2GO] Services due to a non-functioning Designated Unit.

7.3   You are responsible for every transaction you enter into. Therefore, you must be careful when using the [GUDANG2GO] Account and/or [GUDANG2GO] Services and/or GUDANG2GO Application, including but not limited to when choosing from the transaction menu, the purpose of payment, entering any value in the transaction, etc. Save for errors caused by PT [GUDANG2GO], any loss and/or damage caused by your mistake when using the [GUDANG2GO] Services or GUDANG2GO Application described above will be at your own risk, responsibility, and liability. You must carefully follow every direction for using the [GUDANG2GO] Services and/or GUDANG2GO Application or for entering into any transactions.

7.4   You are fully responsible for any loss or claim arising from the misuse of and/or a violation and/or crime committed using your [GUDANG2GO] Account and/or [GUDANG2GO] Services, including but not limited to any damage arising from any mistake, incautious act or recklessness or any misuse of the [GUDANG2GO] Account and/or [GUDANG2GO] Services by you or any third party using your [GUDANG2GO] Account.

8. LIMITATION OF OUR LIABILITY

8.1   Any claim brought against us by you either based on these Terms of Use or otherwise will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using your [GUDANG2GO] during the event giving rise to the claim. In no event will we be liable to you or anyone for costs, interests, damages, or losses of any type or kind (including personal injury, emotional distress, and loss of data, goods, revenue, profits, use or other economic advantage), save for direct losses, arising out of, or in any way connected with the [GUDANG2GO] Account and/or [GUDANG2GO] Services, as long as they can be proven to occur solely due to our gross negligence and breach of these Terms of Use. In any case, our liability will only be limited to the latest balance of your [GUDANG2GO] recorded in our system or IDR1,000,000 (one million Indonesian Rupiah), whichever is lower.

9. INDEMNIFICATION

9.1   By registering for and using of a [GUDANG2GO] Account and using the [GUDANG2GO] Services, you agree that you will defend, indemnify, and hold us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with:

a.    your violation or breach of any of these Terms of Use or any applicable laws or regulations, whether or not referenced herein, or

b.    your violation of any right of any third party related to the [GUDANG2GO] and/or [GUDANG2GO] Services, or

c.    any use or misuse of the [GUDANG2GO] and/or [GUDANG2GO] Services by you or any party through your account, or

d.    the blocking of your [GUDANG2GO] Account for reasons set out in Clause 5 above.

This defence and indemnification obligation will survive these Terms of Use and your use of our official website, regardless of the closing of your [GUDANG2GO] Account.

10. MISCELLANEOUS

10.1 Force Majeure. Our services may be interrupted due to certain events or causes beyond our power and ability to control (hereinafter, the Force Majeure), including but not limited to natural disasters, electrical disturbances, telecommunications disruptions, government policy, and other causes beyond our power and ability to control. You therefore agree to release us from any claims whatsoever if we are unable to follow your instructions in the [GUDANG2GO] Account either partially or wholly due to Force Majeure. If a Force Majeure condition continues for more than 3 (three) months consecutively, we may close your [GUDANG2GO] Account in accordance with Clause 6 above.

10.2 Intellectual Property. [GUDANG2GO], including its name and logo, codes, designs, technology, business model, is protected by copyright, trademark, and other intellectual property rights provided under the laws of the Republic of Indonesia. We (and our licensees, if applicable) exclusively own and retain all rights, title, and interest in and to [GUDANG2GO], including all associated intellectual property rights. These Terms of Use are not in any way be treated as our permission for you to use any of our intellectual property assets above.

10.3 No Waiver. Our waiver or forbearance or failure to claim a breach of any provision of these Terms of Use or to exercise any right provided by these Terms of Use or the applicable law, may not be deemed to constitute a waiver with respect to any subsequent breach of any provision hereof.

10.4 Language. These Terms of Use are drawn up in both the English and the Indonesian languages, both of which versions are binding on you and us. In the event of any inconsistency between the Indonesian language version and the English language version, the Indonesian language version will prevail.

10.5   Assignment. You may not transfer or assign your rights under these Terms of Use, without our prior written approval. We may assign our rights under these Terms of Use to a third party at our sole and absolute discretion.

10.6   Severability. If any term under these Terms of Use is held to be illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, the term or part of it will, to that extent, be deemed not to form part of these Terms of Use, but the legality, validity, or enforceability of the remainder of these Terms of Use will not be affected.

10.7   Governing Law. These Terms of Use are governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising out of, or in connection to the use of our services herein will be settled through amicable negotiation between the User and us. If such amicable negotiation fails to reach an agreement, the dispute will be subject to the exclusive jurisdiction of the competent court located in the domicile of PT [GUDANG2GO], which has the jurisdiction for such dispute resolution. The parties hereto agree to continue to perform their obligations under these Terms of Use during the dispute resolution process.

10.8 Amendments. These Terms of Use, partly or wholly, including any features or services offered in the [GUDANG2GO] Account, may be modified, varied, or otherwise changed from time to time at our sole discretion, and we will notify you of such modification, variation, and/or change in a timely manner by announcement and other means obvious to you as specified in Clause 11.11 below. You are required to accept the modification, variation, and/or change before continuing using [GUDANG2GO]. The continued use of [GUDANG2GO] after any modification, variation and/or change to the Terms of Use will constitute your consent to and acceptance of the modification, variation, and/or change. Therefore, IF YOU DO NOT AGREE WITH THE MODIFICATION, VARIATION, AND/OR CHANGE, PLEASE CEASE USING [GUDANG2GO].

10.9 Privacy Policy. Your personal data and information are maintained in accordance with our privacy policy. The privacy policy constitutes an integral part of these Terms of Use and your consent to these Terms of Use constitutes your acceptance of our privacy policy. Our privacy policy is available from our official website (https://www.GUDANG2GO) and the GUDANG2GO Application.

10.10 Entirety of Agreement. These Terms of Use are legal agreement between PT [GUDANG2GO] and the User and shall constitute an integral part of the terms and conditions and relevant rules published on our official website (https://www.GUDANG2GO) from time to time. In case any matter is specified in the terms and conditions and relevant rules of the GUDANG2GO website but not specified in these Terms of Use, the terms and conditions and relevant rules specified in the GUDANG2GO website shall prevail as to such matter.

10.11 Notices. We may give notice by means of a general notice on the GUDANG2GO Application, or by electronic mail to your e-mail address in our records, or by written communication sent by registered mail or pre-paid post to your address in our record. Such notice shall be deemed to have been given upon the expiration of 48 (forty-eight) hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 (one) hour after sending (if sent by e-mail).You may give notice to us (such notice shall be deemed given when received by us) by letter sent by courier or registered mail to us using the contact details as provided in the GUDANG2GO Application.

10.12 Term. These Terms of Use shall become effective upon acceptance of the Terms of Use by the User and for an unspecified period.