Terms and Conditions

This page sets out the terms and conditions of use of our site and services. Read these terms and conditions carefully before you start using our site and services. We suggest you to print these terms and conditions for future reference.

Dengan mendaftar dan/atau menggunakan Website https://https://kargo.tech/wp-content/uploads/2020/04/c790b439-sektor-kecuali-psbb.jpg.tech/wp-content/uploads/2020/04/048a484a-sektor-kecuali-psbb.jpg.tech dan/atau aplikasi online Kargo (Aplikasi), Anda menyatakan bahwa Anda telah membaca, mengerti dan setuju untuk terikat secara hukum oleh syarat dan ketentuan ini dan dokumen-dokumen sebagaimana dimaksud di dalamnya.

  1. Definition
    1. Kargo is PT Kargo Online System, a legal entity established under the laws of the Republic of Indonesia.
    2. Logistics Service Providers (Transporters) are individuals or legal entities that register or use Kargo to be able to offer services to the public.
    3. Shipper is an individual and / or legal entity and / or business entity that has visited and used Kargo services.
    4. Kargo Services are all products and / or services provided by Kargo including but not limited to software that is operated through the website and / or the Application.
    5. Cargo is all types of cargo that the Shipper will send from one place to another.
    6. Shipping is the activity in which the Transporter undertakes to safely carry Cargo from one place to another while the Shipper undertakes to pay the cost.
    7. Services are transportation services provided by Logistics Service Providers (Transporters).
    8. Kargo's Website is www.https://https://kargo.tech/wp-content/uploads/2020/04/c790b439-sektor-kecuali-psbb.jpg.tech/wp-content/uploads/2020/04/048a484a-sektor-kecuali-psbb.jpg.tech to access and use Kargo Services through the internet network.
    9. Kargo Application (Application) is an application to access and use Kargo Services through mobile phones or other gadgets.
    10. Users are parties that use Kargo Services through the website and/ or application.
  2. Use of Kargo’s Services
    1. The download and/ or use of Kargo’s website and application are free of charge. Kargo does not require any registration and/or subscription fee to the User.
    2. The User who has been registered can act as Shipper or Transporter.
    3. Transporter or Shipper register themselves as the User either by phone through Kargo’s Customer Service or individually through the Website and/or Application.
    4. The User shall complete their personal data and/or all the documents needed when registering. The User guarantees that all personal data and information submitted to Kargo, including but not limited to telephone numbers and email addresses, are accurately under their control.
    5. The User has the right to change the telephone number and/or email address that was stated at the time of registration from time to time.
    6. If the User loses the password, the User can make a request to repeat receiving the password (reset), in accordance with the procedures regulated by Kargo.
    7. The activation procedure can be sent by email to the email address or and / or text message to the telephone number registered by the User.
    8. After being registered as a User, User data and documents need to be verified by our Customer Service. Kargo has the right to deny or grant access to transporter’s services for Shipper whose data has not been verified.
    9. In case of data and documents that are invalid or not yet complete, Kargo will request justification and completion via email to an email address or electronic text (SMS) and / or telephone as registered by the User.
    10. Kargo will notify the User in case of any change and / or additional provisions regarding the use of Kargo Services.
    11. The User must inform Kargo of any changes to its data and documents. Kargo is not responsible for any losses incurred by the User due to such failure.
  3. Relation between Kargo and the User
    1. The User agrees and is fully aware that every civil relation and legal relations arising from every shipment is the relation between Shipper and Transporter, whereas Kargo is not involved and thus the User agrees that Kargo does not own any legal benefits and legal responsibility in any form related to those relations.
  4. Personal Data Protection Policy
    1. Any information contained in and received by Kargo via Kargo’s Website and/or Application fully belongs to Kargo.
    2. Kargo will maintain the confidentiality of all User personal data obtained through the use of Kargo Services.
    3. Any personal data provided by the User will be used by Kargo for the purpose of verifying identity when using Kargo Services through Kargo’s Website and / or Application, monitor misuse of the Kargo Website and to inform the User about Kargo’s products, services, promotions.
    4. Any personal data maintained by Kargo is protected and subject to the laws applicable in the Republic of Indonesia.
    5. The User is responsible for ensuring the accuracy of the data provided by the User in using Kargo’s Services. Kargo is not responsible for losses arising from such inaccuracies.
    6. Any data and information will not be provided to third parties without prior consent from the User, except when required by law or an authorized authority.
    7. The User acknowledges that all data, information, documentation including personal data provided by the User to Kargo is correct, accurate and the User hereby gives its approval and acknowledgement of personal data as regulated by the applicable laws and regulations.
  5. Security
    1. Kargo has taken all security measures to ensure system and data security, both technical, organizational and operational.
    2. Kargo can temporarily block the User’s access to their Services if there is a suspected leak or security breach.
    3. If possible, in the event of a leak or violation, Kargo will notify the User through Kargo’s Website and / or Application regarding the steps that will be or has been carried out.
    4. If the User suspects that there is a leak or violation, the User must report such matter to Kargo, and Kargo will immediately block the access of the party concerned to the Kargo’s Website and / or Application.
  6. Service Improvement
    1. Before prior notification from Kargo, Kargo may temporarily block access to our website and/or application to improve and manage our website and/or application.
  7. Disclaimer
    1. Kargo only acts as a portal provider and not a technical person in charge, an agent of Transporter nor is it a logistics service provider. The responsibility of Kargo to the User is limited to providing Shipment Services to the User through its website and/ or application.
    2. Kargo is not responsible for any form of engagement that arises between the User and other third parties, whether referenced by Kargo or not, whether for carrying out work involving Kargo directly or indirectly.
    3. All forms of unexpected incidents and / or loss that arises during the shipment are the full responsibility of the User.
    4. Kargo is not responsible for any kind of damage/disappearance/loss/death suffered by the User during the shipment and/ or if caused by the User.
  8. Transporter’s Obligations
    1. Transporter shall complete all Drivers’ qualifications determined by Kargo.
    2. Transporter will make commercially proper business efforts in order to carry out the transportation service according to the estimated time and schedule. Shipper realizes that the estimated time and schedule are only estimations and may not be accurate because of some external factors such as accidents, congestion, weather, power failure, and civil disturbances.
    3. Transporter will make commercially proper business efforts in order to carry out the transportation service according to the estimated time and schedule. Shipper realizes that the estimated time and schedule are only estimations and may not be accurate because of some external factors such as accidents, congestion, weather, power failure, and civil disturbances.
    4. When placing an offer, Transporter must include the total (net) price which includes any applicable taxes fee and other costs, so that Shipper does not need to bear other costs beyond the offer price.
    5. The taxes charged is to be adjusted to the applicable laws and regulations in Indonesia.
    6. Transporter will, in the condition that occur during the shipment, take proper precautions to prevent any loss or damage to the cargo outside the category of use and damage from normal shipping conditions or any attempt at unauthorized or invalid access to cargo by any party.
    7. In the event that the cargo are lost or damaged due to any reason, the Transporter will provide commercially proper effort to deal with them, including to process any insurance claims, if applicable.
    8. Transporter does not have any right to open or inspect cargo during the shipment so that his legal responsibility regarding the cargo carried is released.
    9. Transporters must ensure a sufficient phone network/signal and reception when the shipment occurs, to facilitate communication with Shipper and / or other parties concerned.
    10. Transporters are fully responsible and liable for the actions of its drivers and employees, including to ascertain fulfillment of driver qualifications determined by Kargo.
    11. Kargo has the right to request access to the usage of its GPS system to Transporters, when applicable.
  9. Transporter’s Responsibility
    1. The Transporter is fully responsible of the actions of their drivers.
    2. The Transporter will be responsible to indemnify and release Kargo from and against any claim, loss, damage or expense for:
      • Deductible costs after Customers claims of loss, damage, lack in quantity, or theft of the cargo during the trip, from the time the cargo are collected from Kargo or Customers' supply point until the time that they are delivered to Customers’ stores or other location directed by Kargo;
      • Any loss or damage to any Shipper’s property that occurs during any trip;
      • Any injury or death to persons arising from or in connection with Transporter’s Services;
  10. GPS Installation
    1. All of vehicles registered by the Transporter must be equipped with GPS device provided by Kargo.
    2. Transporter shall make sure that the GPS devices provided by Kargo will continuously be used for all shipments. Transporter will make sure the drivers and all related parties are well informed of its usage and will not tamper with the equipment.
    3. Transporter and all related parties acknowledge that all the information collected by the GPS devices is for Kargo.
    4. Any loss or damage of the GPS devices will be compensated by Transporter. Transporter grants Kargo an irrevocable authorization to deduct any and all costs related to the loss or damage of such equipment.
  11. Intellectual Property
    1. Kargo owns all intellectual property rights regarding Kargo’s service, including copyright, the right to a mark, and other intellectual property rights that is included inside it.
    2. Every person is prohibited to use Kargo’s Intellectual Property including but not limited to Kargo’s service without prior approval from Kargo.
  12. Transaction
    1. Shipper will receive notification via email of any offer from Transporter on the posted project.
    2. If the offer from Transporter is a match and accepted by Shipper, Transporter will receive notification via email to then perform follow-up steps.
    3. Kargo has the right to request the User (Shipper/Transporter) to give its rating on their satisfaction level on experiencing User’s service.
  13. Payment
    1. The User must make payment through the transaction procedures set by Kargo.
    2. Payment of each transaction between the Shipper and Transporter that occurs as a result of the use of Kargo Services must be carried out through Kargo escrow account in the form of Kargo’s official Bank account. Any losses arising from violations or non-compliance will be borne by each User without reducing the User's right according to the applicable laws and regulations.
    3. Proof of payment or additional information from each User can be provided to Kargo through the "Upload Proof" service available on the Kargo’s Website and / or Application.
    4. Shipper must pay the full amount of shipping costs that are carried out through Kargo’s escrow account whenever Shipper uses Transporter Services.
    5. Kargo will only transfer fees obtained from Shipper to Transporter’s bank account in the event that the Transporter has completed the transportation trip, so Transporter must upload Proof of Delivery (POD) on the "Upload Proof" feature which has been confirmed by Shipper through the Kargo’s website or application.
    6. Kargo will automatically transfer the shipping fee to the transporter if the Shipper has not confirmed the validity of POD for a period of more than 3 (three) calendar days.
  14. Cancellation of Transaction
    1. The User has the right to cancel the transaction subject to the cancellation mechanism determined by Kargo.
    2. Kargo berhak membekukan akun Pengguna dalam hal terjadi pelanggaran dan larangan.
  15. Insurance
    1. Kargo provides options for Shipper to use shipping insurance service from Kargo’s insurance company partner.
  16. Prohibited cargo  
    1. The User acknowledges and agrees that in using Kargo’s services, Website and / or Kargo Application, the User will not ship items categorized as dangerous cargo and / or prohibited items, which include:
      • Money (coins, cash in rupiahs and / or other foreign currencies), securities (checks, demand deposits, bonds, shares, certificates).
      • Narcotics, marijuana, morphins and drugs or substances that are considered as other prohibited objects.
      • Cargo whose life time is less than the estimated transit shipping time.
      • Items that are categorized as dangerous, toxic and chemical items that flammable
      • Shipment in other liquid form except packaged properly and correctly (by attaching Material Safety Data Sheet) and dangerous cargo statement from Customer).
      • Explosive items, such as weapons and their parts.
      • Items made of glass and glassware (except packaged properly and meet packaging standards and marked "Fragile").
    2. In the event that the User violates this provision, the User acknowledges and agrees to take full responsibility for any kind of legal consequences, and agrees to release Kargo from all forms of legal liability. The User also agrees that Kargo has the full right to follow up on this violation through legal process.
  17. User’s Prohibition
    1. The User only uses Kargo’s Website and / or Application for the intended purpose by Kargo.
    2. Anyone who enters Kargo’s Website and / or Application is prohibited from editing, changing, modifying or carrying out activities that could endanger the Kargo’s Website and / or the Application in any way, whether permanent or temporary.
    3. The User will not take any action that can cause delays, disruptions or damage to the Service operating system or network servers related to Kargo software.
    4. The User will not make efforts to disrupt, weaken or damage Kargo’s Services or business, such as but not limited to not being present at the point of transportation or not preparing cargo for transportation on the date and time of transportation specified by the User.
    5. If the User is proven to perform prohibited matters as mentioned above or there are allegations of abuse and / or fraud related to the use of the Kargo’s Website and / or Application, Kargo has the right to:
      • enforce some restrictions needed;
      • freeze the User’s access;
      • stop the User’s account; and
      • execute legal processes that is required.
  18. Financing Facility
    1. To support Transporter’s business activities, Kargo would may introduce the Transporter to a financial institution that provides either invoice financing, working capital loan, or another facility to fulfill the needs of the Transporter.
    2. To fulfill the above mentioned financing facility, Kargo is entitled to cooperate with 1 (one) appointed financial institution.
    3. Other provisions relating to the financing facilities for each Transporter will be arranged under on a separate agreement between the parties.
  19.  Partnership
    1. Kargo accommodates partnerships with Shippers and Transporters.
    2. By registering as a User, Transporter fully realizes that they may at any time receive a project offer from Kargo’s partner Shipper.
    3. Transporters are subject to these terms and conditions in such event.
  20. End of use of Kargo’s Website and / or Application
    1. Kargo has the right, based on Kargo’s single and absolute authority, stop or block the User’s access to Kargo’s website and/or application any time, or with prior consent.
    2. The User accepts the risk that all information and data saved in Kargo’s website and/or application can not be accessed by the User anymore in the event that the User’s access to Kargo’s website and/or application is stopped or blocked
  21. Complaints and Questions
    1. Complaints and questions from the User will be responded by Kargo through “Contact Us” column on Kargo’s Website and Application.
  22. Update of Terms and Conditions
    1. Kargo has the right to update these Terms and Conditions any time without prior notification.
    2. The acknowledgement of these Terms and Conditions includes any update applied by Kargo.
    3. Kargo suggests User to carefully read and check this Terms and Conditions page from time to time to be aware of any changes.
    4. Kargo assures that these Terms and Conditions can be accessed by the User as long as they open Kargo’s Website and/or Application.
  23. Miscellaneous Provisions
    1. These Terms and Conditions are subject to the laws of the Republic of Indonesia.
    2. All disputes arising from and / or relating to these Terms and Conditions will be resolved through deliberation. If the deliberations do not result in a settlement, the parties select its legal domicile at the South Jakarta District Court.
    3. These Terms and Conditions are available in both English and Bahasa Indonesia versions. The English version shall prevail in the event of any disputes in terms of interpretation.

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