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. Definitiona "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. b “User”. It is a registered account at www.andalin.com in which its goods are being imported into Indonesia or being exported to overseas, hereinafter referred to as User. c “Freight Forwarder”. It is a registered account at www.andalin.com who provide services in import/export of goods to Users, hereinafter referred to as Freight Forwarder. d “Party” and “Parties”. Party is either andalin or User, or Freight Forwarder. Parties are andalin, User, and Freight Forwarder. e “Bank”. Bank is Bank Central Asia, account#xxxxxxxxx. This is the bank account used in any import/export transactions at www.andalin.com. f “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. g “Admin Fee”. It is a 2.5% fee of import/export freight paid by User to Andalin for each completed transaction, regardless the Invoice Values. A Penalty will not trigger this 2.5% fee. h “Penalty”. This is a sum of money paid by User to Freight Forwarder or vice versa. It’s based on 25% of agreed freight cost. A Penalty will not apply in case of Force Majeure. This is further explained in clause#7.3 and #7.6 below. i “Payment”. Payment is made in advance by User to andalin’s bank account. Such payment will then be made to Freight Forwarder’s bank account upon the completion of an order made by User. j “Force Majeure”. This is explained in clause#9 below.
4. Acceptable use4.1 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). 4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities. 4.3 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. 5. Registration and accounts 5.1 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. 5.2 You must not allow any other person to use your account to access the website. 5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account. 5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so. 5.5 If you are a Freight Forwarder, you must submit some documents in softcopy to andalin for verification before you can use your account. This will include NPWP, SIUP, Domicile Letter, ID Card of Management as registered in SIUP. Andalin will send a confirmation when a verification has been completed. 5.6 If you are a User, you must not submit any documents at all. 6. User login details 6.1 If you register for an account with our website, you will be asked to choose a user ID and password. 6.2 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. 6.3 You must keep your password confidential. 6.4 You must notify us in writing immediately if you become aware of any disclosure of your password. 6.5 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. 7. Cancellation and suspension of account 7.1 We may :
a Suspend your account b Cancel your account At any time in our sole discretion without notice or explanation. 8. Orders & Payments 8.2 There will be email confirmation at each point of your order e.g. orders placement, orders being processed, payment confirmation, orders completion. 8.3 An order cannot be cancelled by a User when it is confirmed for processing by Freight Forwarder. If for some reasons, such order is cancelled by a User after getting a confirmation from Freight Forwarder for further process, a 25% penalty of freight cost may apply. A compensation will then be paid to such Freight Forwarder based on this penalty. A penalty will not apply if it’s caused by a Force Majeur. 8.4 Payment is made in advance by User to Andalin’s bank account. Andalin will then withhold such payment until the process is fully completed by Freight Forwarder. 8.5 Freight Forwarder will only process the orders after getting payment confirmation from User to Andalin. 8.6 If Freight Forwarder has confirmed the orders, such orders must be processed no later than 48 hours. Any delays caused by Freight Forwarder beyond 48 hours to process such order will trigger 25% penalty of freight cost and a compensation will then be paid to User based on this penalty. A penalty will not apply if it’s caused by a Force Majeur. 8.7 Once the order is fully completed, Andalin will transfer such payment to Freight Forwarder’s bank account. 9. Disclaimer 9.1 Red Lane Red lane may apply to :
a New importer b High risk importer c High risk importer d dPetroleum Operational Goods (BOP) category II e Re-import goods e Re-import goods g Certain imported goods imposed by Government h High risk commodities/coming from high risk countries i High risk importer Any delay caused by red lane will not trigger any penalties and is beyond our control, therefore, user agree to follow applicable procedures. Freight forwarder will do their best to monitor the progress. 10. Force Majeur 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. 11. Weight Diference 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. 12. Minimum Quantity Each Freight Forwarder may apply different minimum quantity. This must be agreed upfront between User and Freight Forwarder. 13. Invoice Value and Refund 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. 14. Breaches of these terms and conditions 14.1 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] 14.2 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). 15. Variation 15.1 Andalin may revise these terms and conditions from time to time. 15.2 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. 15.3 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. 16. Severability 16.1 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. 16.2 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. 17. 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. 18. Law and jurisdiction 18.1 These terms and conditions shall be governed by and construed in accordance with Indonesian Law./td> 18.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of Indonesia./td>