Terms And Condition
1. Introduction1.1 These terms and conditions shall govern your use of our website. 1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. 1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2. Definition2.1 "www.andalin.com". It is a web portal to process import/export of goods from overseas into Indonesia or from Indonesia to overseas, hereinafter referred to as “Andalin”. 2.2 “User” means and includes the Shipper, the Consignee, the Receiver and the owner of the Goods who are registered at www.andalin.com. 2.3 “Consignee” means the person entitled to receive the goods from the freight forwarder. 2.4 “Goods” means any property including live animal as well as containers, pallets, or similar articles of transport or packaging not supplied by freight forwarder irrespective of whether such property is to be or is carried on or under deck 2.5 “Merchant”. It is a freight forwarder who has a registered account at www.andalin.com to provide export import services to Users. 2.6 “Party” and “Parties”. Party is either Andalin or User, or Freight Forwarder. Parties are Andalin, User, and Merchant. 2.7 “Invoice Value”. It’s an invoice value for imported/exported goods from the manufacturer or producer in the original sending location. This will be used to compute all applicable taxes, and refund. 2.8 “Penalty”. This is a sum of money paid by User to Freight Forwarder. This is further explained in clause#11.4 below. 2.9 “Virtual Account”. This is a specific account number assigned by Andalin to a specific User for collection purpose only. 2.10 “Payment”. By default, payment is made based on cash against BL/AWB. This is further explained in clause#11. 2.11 “Force Majeure”. This is explained in clause#13 below. 2.12 “Mark Up”. This is the standard mark up applicable equally to all Merchants. 2.13 “Selling Price”. This is Merchant’s price plus mark up displayed on Andalin’s website. 2.14 “BL/AWB”. BL stands for Bill of Lading, AWB stands for AirWay Bill.
3. Limitations of Liability and Disclaimer3.1 Users agree that Andalin will not be liable for any deprivation, damage, or any loss that occur between the shipper and Merchant. 3.2 Users agree that Andalin will not be involved in any kind of disputes, disagreements and/or assertions that may occur between User and Merchant. In case of any issues between User & Merchant, Andalin will coordinate such an issue with relevant parties and assign such relevant parties to find the root cause and its solution within agreeable timeline. 3.3 Users agree that Andalin will not be liable for any loss arising from the misuse of information of the user that is published by Merchant. 3.4 By accessing Andalin, users agree that Andalin does not guarantee/warrant that Andalin will be free from any malware attacks, hackers, or other threats that may harm the users and/or the data of the users. 3.5 By accessing Andalin, users agree that Andalin will not be liable for any direct, indirect or consequential loss arising from the use of Andalin, any delay or inability to use Andalin, which includes but not limited to any technical disruptions on the hardware and/or software, or from the user’s use of links from Andalin. 3.6 By accessing Andalin, users agree that Andalin does not guarantee/warrant that any of the content on Andalin are accurate, complete, or current. Andalin may make changes to the materials contained on Andalin any time without prior notification. 3.7 Red Lane
Red lane may apply to :
a. New importer
b. High risk importer
c. Temporary imported goods
d. Petroleum Operational Goods (BOP) category II
e. Re-import goods
f. Random inspection
g. Certain imported goods imposed by Government
h. High risk commodities/coming from high risk countries
Any delay caused by red lane will not trigger any penalties and is beyond our control, therefore, user agree to follow applicable procedures.
Merchant will do their best to monitor the progress. 3.8 Custom Office or any relevant Government Institutions may change existing export/import laws or introduce a new one at any time. If such change is made after the Goods has been shipped, User agrees to comply immediately and neither Andalin nor Merchant will be liable for any non-compliance effect. It is User’s responsibility to comply with such laws.
4. Acceptable Cargoes4.1 Andalin will only accept cargoes which comply with applicable international and local laws. Compliance to law is non-negotiable. 4.2 User agrees to ensure all information on documents are exactly the same as the physical Goods and be fully responsible financially and non-financially in case found different by relevant authority. 4.3 In case of Dangerous Goods, Users are required to submit a valid MSDS and any other documents as required by law before Merchant can process the order.
5. Description of Goods and User’s Packing and Inspection5.1 The User shall be deemed to have guaranteed to the Merchant the accuracy, at the time the goods were taken in charge by the Merchant, of all particulars relating to the general nature of the goods. Their marks, number, weight, volume and quantity and if applicable to the dangerous character of the goods, as furnished by him or on his behalf for insertion on the Bill of lading or airway bill. The User shall indemnify the Merchant against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars. 5.2 The Merchant shall not be liable for any loss, damage or expense caused by defective or insufficient packing of goods or by inadequate loading or packing within containers or other transport units when such loading or packing has been performed by the User or on his behalf by a person other than the Merchant, or by the defect or unsuitability of the containers or other transport units supplied by the User, or if supplied by the Merchant if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the User. The User shall indemnify the Merchant against all loss, damage, liability and expense so caused.
7. Acceptable use7.1 You must not :
a Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website. b Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. c Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus,
Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. d Conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation
to our website without our express written consent. e Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing. f Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 7.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 7.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading. 8. Registration and accounts 8.1 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. 8.2 You must not allow any other person to use your account to access the website. 8.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account. 8.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so. 8.5 If you are a Merchant, you must submit some documents in softcopy to Andalin for verification before you can use your account. This will include NPWP, SIUJPT, Domicile Letter, ID Card of Management as registered in SIUJPT. Andalin will send a confirmation when a verification has been completed. A site visit to your office can be arranged when deemed required. 8.6 If you are a User, you must submit some documents in softcopy to Andalin for verification before you can use your account. This will include NPWP, SIUP, Domicile Letter, NIK, API, ID Card of Management as registered in SIUP. A site visit to your office can be arranged when deemed required. 9. User login details 9.1 If you register for an account with our website, you will be asked to choose a user ID and password. 9.2 Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person. 9.3 You must keep your password confidential. 9.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 9.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure. 10. Cancellation and suspension of account 10.1 We may :
a Suspend your account b Cancel your account At any time in our sole discretion without notice or explanation. 11. Orders & Payments 11.1 Orders are placed, processed and completed through this website only, unless stated otherwise. 11.2 There will be email confirmation at each point of your order e.g. orders placement, orders being processed, payment confirmation, orders completion. 11.3 Merchant have the right to refuse the order/quotation request submitted by the User with prior notification. 11.4 An order cannot be cancelled by a User when it is confirmed for processing by Merchant. If for some reasons, such order is cancelled by a User after getting a confirmation from Merchant for further process, a penalty may apply based on actual penalty from third party e.g. shipping line or airline, where applicable. A compensation will then be paid to such Merchant based on this penalty. A penalty will not apply if it’s caused by a Force Majeure. 11.5 By default, Payment from User is made based on cash against BL/AWB whereas Payment to Merchant is back to back based on cash against BL/AWB plus seven working days. A special case may be considered on case by case basis, including terms payment if required. 11.6 All payments must be made in IDR only, unless stated otherwise. 11.7 All Parties agree to apply relevant tax laws and be responsible for applicable own taxes. 11.8 Merchant agrees that Andalin will display the Seling Price on Andalin’s website and offer those to the Users and that Merchant agrees to allow any Users to acces those Selling Price online. 12. Force Majeure Force Majeure may include but not limited to:
a Act of God: fires, explosions, earthquakes, drought, tidal waves, floods, tsunami, etc. b War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo. c Rebellion, revolution, insurrection, or military or usurped power, or civil war. d Contamination by radio activity from nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other
hazardous properties of any explosive nuclear assembly or nuclear component of such assembly. e Riot, commotions, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors, or Act of threats of terrorism f Other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions
and which the affected party cannot avoid even by using its best efforts. Neither Party shall be in breach of its obligations under this Terms and Conditions (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Terms and Conditions) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred. As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party’s obligations under this Agreement. The Parties at all times take all reasonable steps within their respective powers and consistent with industry standard (but without incurring unreasonable additional costs) to : a Prevent Force Majeure Events affecting the performance of the Parties’obligations under this Agreement b Mitigate the effect of any Force Majeure Event c Comply with its obligations under this Agreement The Parties shall consult together in relation to the above matters following the occurrence of a Force Majeure Event. Should paragraph (1) apply as a result of a single Force Majeure Event for a continuous period of more than  days then the Parties shall endeavor to agree any modifications to this Agreement (including without limitation, determination of new tariffs (if appropriate) which may be equitable having regard to the nature of the Force Majeure Event and which is consistent with the Statutory Requirements. 13. Confidential Information. Whereas, for the purpose of give away the access from one Party to another, a Party may disclose "Confidential Information" as defined below, hereinafter referred to as the "Disclosing Party" to the other Party, hereinafter referred to as the "Recipient", and the Disclosing Party does not wish to make such Confidential Information becomes public or common knowledge.
NOW THEREFORE, based on the above considerations, The Parties hereby agree as follows:
The term "Confidential Information" shall mean the following:
13.1 Any information relating to the Disclosing Party, its subsidiaries, its customer, and its business activities and operation, including any information directly or indirectly related with this Terms & Conditions and/or Transaction which is related with this Terms & Conditions, whether in oral, written, graphic, magnetic, electronic, or other form that is directly or indirectly delivered by or disclosed to or obtained by the Recipient or any of its officers, directors, employees, in the course of discussions or other work undertaken between the Parties; or
13.2 Any communication between the Parties related with this Agreement and/or Transaction which is related with this Terms & Conditions, whether in oral or written that is known or should be reasonably known by the Parties to be confidential or proprietary, or confidential or proprietary in nature, and that is made in the course of discussions or other work undertaken between the Parties. 13.3 Confidential Information shall not include "Non-Protected Information" as defined below:
13.3.1 Information that, at the time it is disclosed, is already in the Recipient rightful possession or available to the Recipient or its Representatives (as defined below) from any other source having no obligation not to disclose it; or
13.3.2 Information that is, or any time hereafter becomes, available to the public other than by breach of this Terms & Conditions by the Recipient or any of its Representatives.
13.3.3 The Recipient agrees at any time, shall not disclose, and shall take all such necessary measures to protect the secrecy of, and avoid disclosure or misuse of Confidential Information, without the prior express written consent of a duly authorized corporate officer of the Disclosing Party, save as provided in Article 13.3.4 below. Specifically, the Recipient will only use the Confidential Information for the Transaction and not for other purpose.
13.3.4 Without limiting the foregoing, and subject to Article 13.3.8 below, the Recipient may disclose Confidential Information to its officers, directors, employees, affiliates, subcontractors, agents or appointed party (collectively shall be referred to as “Representatives”) who have need to know such Confidential Information for the same purpose such Confidential Information received by the Recipient. The Recipient agrees to take all necessary precaution to maintain the confidentiality of the Confidential Information and to provide all necessary protection against any unauthorized disclosure, copying or use, and to request its Representatives to whom Confidential Information is disclosed to complies with the obligation of maintaining the confidentiality of the Confidential Information pursuant to this Terms & Conditions.
13.3.5 The Recipient hereby undertakes to indemnify and hold harmless the Disclosing Party against any and all action, claim, damages and losses incurred by the Disclosing Party due to unauthorized disclosure of Confidential Information to any third party or any other disclosure made in contrary to this Terms & Conditions, or any other breach of this Terms & Conditions made by the Recipient or its Representatives, including but not limited to claim from any shareholders or stakeholders of the Disclosing Party due to unequal treatment on disclosure of information arisen from the Disclosing Party providing the Confidential Information to the Recipient or its Representatives.
13.3.6 The Recipient hereby undertakes to keep all documents bearing or incorporating any Confidential Information separate from all other documents at the Recipient usual place of business.
13.3.7 The Recipient shall notify the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any breach of this Terms & Conditions by the Recipient or its Representatives, and will cooperate with the Disclosing Party in every way to help the Disclosing Party regain possession of the Confidential Information and to prevent its further unauthorized use.
13.3.8 If due to the requirement under the prevailing laws or regulations, or under any order from the authority or court, the Recipient are forced to disclose the Confidential Information without being able to obtain prior consent from the Disclosing Party, the Recipient shall notify the Disclosing Party promptly so that the Disclosing Party may seek protective order or other relief, as it may deem necessary, provided that at any time the Recipient at its utmost effort shall give the Disclosing Party 3 (three) calendar days prior notice. 14. Weight Difference User agrees that the order will be weighed and repackaged, if necessary, at the sending location, and will be re-weighed at receiving location and thus the final weight may be different because of such repackaging. The payment will then refer to the final weight at the receiving location. 15. Minimum Quantity Each Merchant may apply different minimum quantity. This must be agreed upfront between User and Merchant. 16. Invoice Value, Refund, and Insurance Claim It is User’s responsibility to make sure the Invoice Value for the items to be shipped to its receiving location is actual and accurate. We assume the Invoice Value provided by User is not undervalued and is therefore considered final. In case of refund, it will be based on whatever Invoice Value declared by User. A copy of invoice for such items must be presented before a refund can be processed. For Insurance Claim, there will be an investigation from related parties to establish reasonable fees. 17. Breaches of these terms and conditions 17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: a Send you one or more formal warnings b Temporarily suspend your access to our website c Permanently prohibit you from accessing our website d Block computers using your IP address from accessing our website e Contact any or all of your internet service providers and request that they block your access to our website f Commence legal action against you, whether for breach of contract or otherwise; and/or g [suspend or delete your account on our website] 17.2 Where Andalin suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account). 18. Variation 18.1 Andalin may revise these terms and conditions from time to time. 18.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. OR Andalin will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website. 18.3 If you have given your express agreement to these terms and conditions, Andalin will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Andalin may specify, Andalin will disable your account on the website, and you must stop using the website. 19. Severability 19.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. 19.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 20. Entire agreement Terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website. 21. Law and jurisdiction 21.1 These terms and conditions shall be governed by and construed in accordance with Indonesian Law. 21.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Indonesia. 22. Miscellaneous 22.1 Each Party may use the trademarks and logos of the other Party, as may be authorized by the trademark owner from time to time in advertising and promotional materials in connection with the activities encompassed by this Agreement. Such trademark use shall, at all times, be in accordance with the trademark owner’s usage guidelines, as may be provided from time-to-time to the other party. The Parties acknowledge and agree that neither Party shall, in any manner, take any action that would impair the value of, or goodwill associated with each Party’s trademarks & logos. 22.2 Andalin appreciates doing fair businesses with all Parties and highly values applicable business ethics, therefore, Andalin will not be in position to disallow all Parties to have direct business without Andalin’s involvement after using our platform. Nevertheless, Andalin has the right to review the suspected accounts and may take necessary actions including to ban or deactivate those accounts from using our platform going forward.