TERMS AND CONDITIONS FOR USERS

THE TERMS OF USE BELOW SHOULD BE READ BEFORE THE USER USES THE KUBIKASI SOFTWARE, KUBIKASI SERVICES, AND DELIVERY (AS EACH IS DEFINED BELOW) PROVIDED BY THE KUBIKASI AND/OR TRANSPORTER CONTRACTORS WHO ARE INDEPENDENT CONTRACTORS. THESE TERMS OF USE ARRANGE THE USE OF THE SERVICES OFFERED BY KUBIKASI.

Hello User, welcome to the Kubikasi Site and Application.

Thank you User for accessing the Kubikasi website or downloading, using Kubikasi services, products and/or applications (the “Kubikasi”). The Kubikasi is under the control of PT Multi Logistik Lancar Sejahtera.

 If you do not agree with the Terms and Conditions or you do not comply with the provisions therein, you may not use the Kubikasi Software and/or Services. By using the Services, you hereby agree with these Terms and Conditions.

 These Terms and Conditions are effective as of March 11, 2022. If you have any question, please contact our email at info@kubikasi.id

1. Definition

1.1 “Kubikasi” refers to Kubikasi, and PT Multi Logistik Lancar Sejahtera, or its affiliates, depending on the context, (jointly referred to as the “Kubikasi”).

1.2 “Kubikasi Credit” refers to credits, coins or tokens purchased or obtained by the User from the Kubikasi, which can be used as payment for procuring transportation through the Services.

1.3 “Transporter Contractor” refers to a third party as a Kubikasi work partner including but not limited to drivers, agents, vendors, suppliers, contractors, sub-contractors and other parties who have agreed with the Kubikasi to accept delivery orders from the User as a form of Services;

1.4 “Loads” refer to any item, container, parcel, package or pet, either one or more, sent as a form of Services;

1.5 “Indirect Loss or Damage” refers to any loss or damage to a person’s property or right or injury or damage to a person’s body or health continuously during the provision of the Services, but it is not directly caused by the delay or failure to deliver the Load;

1.6 “Delivery Costs” refer to the delivery costs specified in the Software, where the User is required to pay for the Transporters or the Kubikasi. Delivery Costs cannot be waived or changed by the User and/or the Transporter. Delivery Costs include standard transportation costs calculated by delivery distance and additional services, e.g., trolleys, discharging and loading manpower, or additional helpers.

1.7 “Service” or “Services” refers to the services provided by the Kubikasi where, through the Software, the User places orders for delivery of Loads and the Transporter Contractor receives orders from the User, and operations or other Kubikasi activities including to match User delivery orders with the Transporter Contractor and facilitate the delivery of Loads, such as providing information on the location of transportation and unloading points, contact information of User and Transporter Contractor, and all other information related to delivery and services ordered by the User to the Transporter Contractor. The Services explicitly exclude the provision of transportation or any activities for the delivery of Loads;

1.8 “Service Costs” refer to the costs to be paid by the Transporter to the Kubikasi for the use of the Services. The Service Costs must be in accordance with the percentage of the daily amount that the Transporter has earned from using the Services. The Kubikasi will determine and update from time to time the exact percentage of the Service Costs considering all factors related to the Transporter’s participation in the Services and all circumstances related to the Services. The Kubikasi will notify the Transporter via email of any changes or updates to the Service Costs.

1.9 “Transporter’s Earning” refers to the difference in value between the Delivery Costs after deducting the Service Costs.

1.10 “Software” refers to Kubikasi technology, websites and/or applications;

1.11 “Terms and Conditions” refer to the Terms and Conditions as a whole, which apply to the Services, as specified in www.kubikasi.id and all changes contained therein from time to time by the Kubikasi and published on the Kubikasi website;

1.12 “Delivery” refers to the services performed by the Transporter Contractor including the provision of providing a vehicle or transportation and carrying the Loads from point A to point B, including real assistance during the delivery and transportation of the goods including provision or additional assistance for the transportation and unloading of the Loads;

1.13 “User” refers to any person or customer of Kubikasi who accesses, downloads, registers, or uses the Software and other means of communication to place orders for delivery of Loads through the Services.

1.14 “Website” refers to www.kubikasi.id and/or any of its subdomains.

 

2. User Obligations

2.1 The user must guarantee and ensure that he/she is the real owner of the Loads or a representative of the owner of the Loads that are sent and has the authority to accept the applicable Terms and Conditions or as a legal representative of the owner of the Loads.

2.2 The user must ensure that the Loads sent are ready to be sent and packaged properly and are able to withstand reasonable pressure from travel conditions such as while loading goods, transporting goods, transporting them by motor vehicles, and unloading goods from vehicles. The user must seal each item carefully to prevent the item from being damaged, torn, leaked, spilled, shrunken, or other losses and damages.

2.3 Prior to delivery, the User must inform the Transporter Contractor of any precautions that must be taken to handle the Loads according to their nature.

2.4 The User is required, if requested or required by the Kubikasi or the Transporter Contractor, to provide a detailed description of the Loads. By providing said matter to the Kubikasi and/or the Transporter Contractor, the User guarantees that the description of the Loads is truthful and correct at the time the order is placed, and as long as the Service and Delivery will be carried out.

2.5 The User shall guarantee that, while using the Services and sending the Loads, the User shall comply with all laws and regulations related to the nature, condition, packing, handling, storage and carriage of the Loads. The user shall also guarantee that the Loads are not items that are prohibited by law, dangerous or toxic, highly perishable, and/or radioactive.

2.6 The User shall be fully responsible for any loss or damage suffered by the Transporter Contractor or other third parties as a result of violation of the Terms and Conditions above.

 

3. User Prohibition

3.1 The User will not in any way whatsoever use the Services or Software to carry out, cause, encourage, promote, or support any illegal action or violate the legal rights or privacy of any person including tracking, stalking, and harassing other people.

3.2 The User will not use the Services or Software to generate or spread advertisements, spams, or any type of message that may cause annoyance to any party.

3.3 The User will not take any action whatsoever that may cause delay, interruption, or damage to the Service operating system or network server related to the Software.

3.4 The user will not make any effort to disturb, weaken, or damage the Kubikasi Services or businesses, e.g., trying to avoid using the Services or Software, not being present at the transportation point, or not preparing the goods for transportation on the date and time of transportation determined by the User. The Kubikasi has the full right to determine which actions are considered detrimental and can decide to withhold the terms of the Services or prohibit access to the Software.

3.5 The user will not make misrepresentations in using the Services or Software including using the Services or Software on behalf of or for the benefit of others who are not given approval by him. The User shall be responsible for using the Software downloaded in the User’s device and shall be responsible for the use of the Software or Service request made through the User’s account, even without the User’s permission. The user also will not allow others to use the Software downloaded in the User’s device.

 

4. User Personal Data

4.1 The User shall confirm that the personal data provided by the User is true and is the latest data.

4.2 The User agrees to allow the Kubikasi to use his/her personal data (including but not limited to name, contract number, email and address) and provide the data to the Transporter Contractor to provide the Services and to the Driver to provide Delivery. The User shall also give the Kubikasi an authority to unite, collect, store, and update the User’s personal data in such a way, for and on a certain period of time as required when the Kubikasi provides the Services.

4.3 The User agrees and realizes that the unification, collection, storage, use and provision of the User’s personal data is subject to the Privacy and Collection of Kubikasi Personal Data (the “Privacy Policy”) as displayed and changed periodically on the Website. The user also acknowledges that he/she has read and understood the Privacy Policy before agreeing with the Terms and Conditions.

 

5. Contracted Transporter Obligations

5.1 The Transporter Contractor will make commercial reasonable efforts to deliver the Loads according to the estimated time and schedule. The user is aware that the estimated time and schedule are estimates only and may be inaccurate due to external factors such as accidents, traffic jams, weather, power outages and civil disturbances.

5.2 The Transporter Contractor will, in the circumstances that arise at the time of Delivery, take reasonable precautions to prevent any loss or damage to the Loads outside the category of use and damage from ordinary delivery conditions or any unauthorized or unauthorized access attempts to the Loads by any party whosoever.

5.3 In the event that the Transporter Contractor is unable to comply with his/her obligations under Article 5 due to circumstances beyond his/her control, the Transporter Contractor will use commercial reasonable efforts to deal with any loss or damage that may occur to the Loads.

 

6. Contracted Transporter Limited Responsibilities

6.1 The Transporter Contractor is not responsible for any loss or damage that occurs due to delay in the delivery of Loads.

6.2 The Transporter Contractor is not responsible for any loss or damage to goods arising from or related to the following actions, failures or circumstances:

6.2.1 The User’s failure to perform his/her obligations under Article 2.2 or 2.3 to comply with his/her obligations under Article 2.4 of these Terms and Conditions;

6.2.2 The Transporter Contractor’s Failure to perform his/her obligations due to circumstances beyond his/her control; or

6.2.3 Any intentional action or due to negligence, committed by a party other than the Transporter Contractor.

6.3 Under no circumstances shall the Transporter Contractor be responsible for any Indirect Loss or Damage.

6.4 Except as stated in Article 6.5, the Transporter Contractor does not have the right to open or inspect the goods during delivery so that he/she is discharge from his/her responsibilities for the legality of laws and/or regulations regarding the goods carried. Both the Kubikasi and the Transporter Contractor may be permitted to inspect the delivery goods witnessed by the Customer or his/her representative to ensure that the same is pursuant to Article 2.4.

6.5 In circumstances where the Kubikasi or the Transporter Contractor has reasonable grounds to believe that (i) the User violates his/her obligations in Article 2.4, and/or the Loads contain any material that is considered dangerous, or prohibited by laws, laws and regulations or public policies, the User agrees that the Kubikasi and/or the Transporter Contractor may, at their sole discretion, refuse/cancel the delivery and dispose, destroy, or withhold the Loads, or any certain goods or materials contained therein, hand over the Loads to the competent authority, or return it in the same condition to the User, without being burdened with any responsibility due to the disposal, destruction, condition of the goods, loss of ownership of the Loads, or failure, incompleteness, or delay in the delivery of the Loads.

6.6 In circumstances where the Kubikasi and/or the Transporter Contractor is required by laws, laws and regulations, judicial administrations, or decision rules, orders or decisions, or requests from other governmental organizations that have authority according to law, the User is aware that the Kubikasi and/or the Transporter Contractor may submit personal data and/or other disclosures made by the User, including the submission of Loads pursuant to Article 2.4, in the course of the Services and Delivery. In all of those circumstances, the Kubikasi may, prior to the submission, if practicable, notify the User in writing and provide assistance to the User to protect his/her data. The user agrees not to burden the Kubikasi and/or the Transporter Contractor with any responsibility for any loss or damage as a result of compliance with such order or legal authority.

6.7 The User agrees to indemnify and not to charge the Kubikasi and/or the Transporter Contractor with any responsibility, claim or lawsuit that the Kubikasi and/or the Transporter Contractor may suffer or all costs, damages or expenses, including legal fees, which may arise from the User’s violation of his/her obligations under the Terms and Conditions or the actions of the Kubikasi and/or the Transporter Contractor in Article 6.5.

 

7. Costs

7.1. Delivery costs will be charged according to the Delivery Costs. Delivery Costs shall apply to the package delivery with a specified maximum weight, size, and quantity, and will be charged according to the information and conditions provided by the User for the benefit of the Services.

7.2. The User is required to pay the Transporter Contractor, Delivery Costs in cash or through a payment system provided by the Kubikasi as soon as it is due, or the User uses the Kubikasi Credit or any discounted promotion to get the Services. In addition to the Delivery Costs, the User shall also be responsible for paying or reimbursing the Kubikasi or the Transporter Contractor for the additional costs incurred in providing services including, but not limited to, parking costs, toll costs, costs for additional waiting time, and costs incurred to obtain the permits or special permits required to deliver loads for and on behalf of the User.

7.3. The User is also required to pay and will be billed for cancellation costs in the following cases:

7.3.1 For Scheduled Orders and Urgent Orders, cancellation must be made at least eight (8) hours prior to the transportation schedule or before the Transporter Contractor’s vehicle depart for the loading location, otherwise, the cancellation costs will apply as follows:

7.3.1.a Thirty percent (30%) of the Delivery Costs if the Transport Contractor’s vehicle is already on the way to the loading location;

7.3.1.b Fifty percent (50%) of the Delivery Costs if the Transport Contractor’s vehicle has arrived at the loading location;

7.3.1.c One hundred percent (100%) of the Delivery Costs if the Transport Contractor’s vehicle is already on the way to the unloading location or has arrived at the unloading location;

7.4 The use of Kubikasi Credit must comply with the provisions stated in the Kubikasi Credit Policy. This policy forms part of the Terms and Conditions and by accepting the Terms and Conditions, the User/the Transporter Contractor also acknowledges and agrees with the Kubikasi Credit Policy.

7.5 The Kubikasi may change the Delivery Costs from time to time in accordance with the government policy or the Kubikasi policy and has the right to do so without giving prior notification. Any changes to the Delivery Costs will be notified to the User in the Kubikasi Software or in writing.

 

8. Referral Bonuses

8.1 The Kubikasi may, from time to time, offer referral bonuses to the User who recommends new Users to the Kubikasi Services.

8.2 The User’s right to receive referral bonuses and payment of those bonuses by the Kubikasi must be subject to the requirements contained in the referral policy. This policy forms part of the Terms and Conditions and by accepting these Terms and Conditions, the User also accepts and agrees with the referral policy, as may be changed from time to time.

8.3 Where the Kubikasi will use its best efforts to notify the User of all updates regarding referral bonuses, the Kubikasi has the right to hold or obviate referral bonuses or change the referral policy at any time, as the Kubikasi deems necessary. Termination or changes to the referral policy will not affect the User’s right to the referral bonuses that have been obtained before the change or termination.

 

9. Promotion

9.1 The Kubikasi will, from time to time, provide promotions subject to the provisions of the applicable laws and regulations. The Kubikasi has the right to change or withdraw all promotions at its sole discretion without giving prior notification in accordance with the applicable regulatory requirements, if any.

 

10. Compensation

10.1 Without prejudice to the disclaimer and limitation of responsibility in Article 11 and if the User has fulfilled the claim requirements specified below, the Kubikasi may offer compensation to the User for any loss, damage or destruction of the Loads that occurs during the Delivery Time in accordance with the Insurance Policy, which applies at https://kubikasi.id/asuransibarangffl. To determine the User’s eligibility to claim for compensation under this article, the Delivery Time means the time when the Loads have been safely placed in the Transporter Contractor’s vehicle, until the Transporter Contractor arrives at the drop-off point.

10.2 Compensation for any loss, damage or destruction of the Loads must be in accordance with the market value of the lost, damaged or destroyed Loads, yet not exceeding the Coverage Value Limit stated in the Insurance Policy https://kubikasi.id/asuransibarangffl, or other value limits as can be specified in a separate agreement between the User and the Kubikasi. The Kubikasi shall be entitled to determine the market value of the Loads based on the prevailing market rates.

10.3 Unless the requirements below are met, the User is not entitled to get the claim compensation from the Kubikasi.

The user has inspected the Loads and notified the Transporter Contractor of any loss, damage or destruction of the loads found before digitally signing his/her name on the Transporter Contractor's device, to realize that the delivery has been completed. By signing the User’s name on the device, the User thereby confirms that the User has inspected the Loads and found no loss, damage or destruction on the Load.

In cases where loss or damage cannot be determined visibly, the User has submitted a written claim via email to the Kubikasi’s customer service within 24 hours after the Transporter Contractor arrives at the drop off point.

10.4 The written claim given to the Kubikasi as required in Article 10.3.B. must contain:

  • Delivery order number;

  • Detailed description of the lost, damaged or destroyed Loads;

  • Clear images of the lost, damaged or destroyed Loads;

  • Possible consequences of loss, damage or destruction.

Any written claim that does not contain the minimum requirements above will be considered as an invalid claim and will be considered as no written claim that has been given to the Kubikasi.

 

11. Kubikasi Disclaimer

11.1 Kubikasi and Services, including but not limited to Services, Software and customer service, are provided to Users as is.

11.2 Kubikasi does not provide any warranty, guarantee or promise that the Services, Software or customer service will work as intended on the User’s phones, computers, tablets or other devices.

11.3 Kubikasi does not guarantee the availability, reliability, time, accuracy or quality of the Services, Software or the Transporter Contractor.

11.4 Kubikasi is not responsible for any loss or damage that occurs as a result of delay in the delivery of Loads.

11.5 Kubikasi is not responsible for any loss, damage, demand or cost including any consequential, indirect or incidental loss or damage to the mobile device or any application contained therein, as a result of downloading or using the Kubikasi Software.

11.6 Kubikasi is not responsible for any loss or damage, including but not limited to, injury to the User or other people who may suffer, any damage to property, including Loads, owned by the User or other parties, or any Indirect Loss and Damage, as a result of the Services, in matters related to the Transporter Contractor, or the process of delivering the Loads.

11.7 In providing the Services, Kubikasi does not act as an agent or representative of the User or the Transporter Contractor and is not a party to the contract for leasing between the User and the Transporter Contractor.

11.8 Kubikasi is entitled to terminate or remove any relationship with the User or the User’s account, which is made to use the Services or Software, if Kubikasi believes that the User violates any provision of these Terms and Conditions and all other related policies.

 

12. Intellectual Property Rights

12.1 The Website, Software, and any right, title and interest in and related to it, are the property of Kubikasi, the licensors, and are protected by Law on Intellectual Property Rights. Unless, where applicable, a limited license is expressly granted to you in the Terms and Conditions, Kubikasi is entitled for itself and the licensors to, all other rights, title, and interests.

12.2 Materials belonging to the third party, if any, and all rights, title and interests therein, are the property of said third party and are subject to all licenses, conditions and/or reservations.

12.3 Without limitation to the foregoing matters, the User is not allowed to produce, copy, modify, display, sell or distribute the Software, or the content displayed in the Software, or use it in other ways for public consumption or commercial purposes, without Kubikasi’s approval, and/or related third parties. Violation of these terms will automatically terminate your permission to use the Software or access to the Services, as such you must immediately destroy any and all copies you have made of the Software and any content displayed therein.

12.4 Notwithstanding anything contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages within the site; (b) using or attempting to use any machine, manual or automatic software, tools, devices, agents, robot scripts, or any other things, devices, mechanisms, or processes (including, but not limited to, browsers, spiders, robots, avatars, or other smart agents) to direct, search, access, “scrape”, “crawl”, or “spider” of any web page or Service available within the Software other than the search engines and search agents available from Kubikasi in the third party’s Software and web browser (such as Internet Explorer, Firefox, Safari, Opera, Chrome, etc.); and (c) combining, copying or duplicating in any way whatsoever any content or information available from the Software, without real written consent from the Kubikasi. The use of the content from the Software on other websites, intranets, or within certain network computer environments for any purpose, is strictly prohibited.

12.5 “Kubikasi,” “Kubikasi Logo,” “K logo,” and any name or logo, which are service marks or marks of Kubikasi, and all related products and service names, design marks and slogans are service marks or marks of Kubikasi. The “look and feel” of the Software and the Website (including, but not limited to, colour combinations, button shapes, display, designs, and any geographic elements) are also protected by Kubikasi’s trademarks, service marks, and copyrights. Any code that Kubikasi creates or may create to show the display on the Software, Website or Website page is also protected by intellectual property rights. All marks and service marks contained in the Software and the Website are the marks or service marks of their respective owners.

 

13. Contents and User Suggestions

13.1 The Kubikasi accepts comments and suggestions regarding the Services, Delivery and Software, and Website. Please remember that the Kubikasi does not accept or consider ideas, suggestions, creations, or creative materials, other than those requested.

13.2 If you provide suggestions regarding the Software, Website, Services or Delivery, please give specific comments and do not give creative ideas, inventions, suggestions or materials. If you continue to do so, while you have been notified in this article, by sending to the Kubikasi any suggestions, ideas, drawings, concepts, creations, or creative contents or information, you understand and agree that the submission will become the property of Kubikasi. Then, by submitting the same as above, you give irrevocable rights to the submission and the Kubikasi will have exclusive rights to the submission and be entitled to its use without any prohibition whatsoever, for any purpose, without compensating you or anyone else.

 

14. Corruption, collusion and prohibition of rebates

14.1 The Parties are prohibited from offering or giving or agreeing to give rebates or gifts, or other forms to other Parties including employees, staff or from any party whosoever directly or indirectly for the purpose of obtaining or implementing this Agreement or arranging the implementation of the Work, validation of the Work, examination of the Work or planning of the Work or also related to social relations that affect the implementation of the Work.

14.2 Violation of paragraph (1) of this Article by one of the Parties or their employees and/or people working for them can result in the cancellation of the Agreement by one of the Parties and the costs incurred as a result of the cancellation will be the responsibility of the Party that violates this Agreement.

 

15. Other Provisions

15.1 The Kubikasi may change these Terms and Conditions from time to time and reserves the right to do so without prior notification. Any changes to the Terms and Conditions will be displayed on the Kubikasi Software.

15.2 The Kubikasi can, with real consent from the User, send all information related to the Services or promotions to the User in the form of electronic messages, including but not limited to, email, SMS, automatic telephone message, or push notification from the Software. The user gives permission to the Kubikasi to send this electronic message to the User through the contract channel provided by the Kubikasi to the User when the User registers his/her account.

15.3 The User accepts entirely and unconditionally the latest forms of the Terms and Conditions as represented by the Kubikasi website in every use of the Services.

15.4 These Terms and Conditions are subject to the laws of the Republic of Indonesia and the User is subject to the jurisdictional competence of the South Jakarta Court, by waiving other courts or venues.

15.5 The User and the Transporter Contractor agree and accept that these Terms and Conditions are subject to the applicable legal provisions in the field of taxation.

15.6 Operational Hours of Kubikasi Specialist are as follows:

  • Monday (09.00 - 18.00)

  • Tuesday (09.00 - 18.00)

  • Wednesday (09.00 - 18.00)

  • Thursday (09.00 - 18.00)

  • Friday (09.00 - 18.00)

  • Saturday (Holiday)

  • Sunday (Holiday)

These Operational Hours and Booking Standards may change at any time with or without written or unwritten notification following the standard employee working hour policy determined by the Kubikasi or the Government.

15.7 The maximum limit for receiving the Kubikasi’s orders is 03.00 p.m. WIB (three post meridiem Western Indonesia Time) every day for tomorrow’s delivery.

15.8 The maximum load limit and car body dimensions determined by the Kubikasi are based on the provisions of government institutions, namely the Department of Transportation related to ODOL (Over Dimension Over Loading). These terms may change with or without your knowledge.

  • Dry

    • City Car 1.4m x 0.9m x 0.8m (Max. 200 Kg)

    • MPV 1.4m x 1.1m x 1.2m (Max. 350 Kg)

    • Van 2.0m x 1.6m x 1.3m (Max. 800 Kg)

    • Small Pickup 2.4m x 1.6m x 1.4m (Max. 800 Kg)

    • Small Box 2.2m x 1.7m x 1.4m (Max. 1000 Kg)

    • CDE 3.0m x 1.6m x 1.6m (Max 2500 Kg)

    • CDEL 4.2m x 1.9m x 1.9m (Max. 3500 Kg)

    • CDD 4.2m x 1.9m x 1.8m (Max. 4000 Kg)

    • Mild Fuso/CDDL 5.8m x 2.1m x 2.1m (Max. 6000 Kg)

    • Heavy Fuso 7.5m 7.5m x 2.4m x 2.5m (Max. 8000 Kg)

    • Tronton 9.5m 9.5m x 2.4m x 2.5m (Max. 16000 Kg)

  • Cold

    • Van 1.8m x 1.6m x 1.3m (Max. 800 Kg)

    • Small Box 2.0m x 1.7m x 1.4m (Max. 1000 Kg)

    • CDE 2.5m x 1.6m x 1.6m (Max. 2500 Kg)

    • CDEL 3.7m x 1.9m x 1.9m (Max. 3500 Kg)

    • CDD 3.7m x 1.9m x 1.8m (Max. 4000 Kg)

    • Mild Fuso/CDD 5.3m x 2.1mx 2.1m (Max. 6000 Kg)

    • Heavy Fuso 7.5m 7.0m x 2.4m x 2.5m (Max. 8000 Kg)

    • Tronton 9.5m 9.0m x 2.4m x 2.5m (Max. 16000 Kg)

15.9 The Kubikasi is not responsible for any sanctions and consequences due to overload and load dimension.  

15.10 Any change to Shipper’s Invoice Information will be considered to be confirmed after the change to Invoice Information is confirmed by the Kubikasi in writing.

15.11 Any change to invoice payments must be notified by the Shipper in writing to the Kubikasi within 14 (fourteen) calendar days prior to the due invoice.