TERMS OF USE

2020

This page sets out the terms on which You may make use of the Sites and the Service (“Terms of Use”). Please read the Terms of Use carefully before using the Sites and the Service. By accessing and/or using the Sites and Service, You indicate that You have read, understood and agreed to be legally bound by the Terms of Use and the policies and documents referred therein. If You do not consent to the Terms of Use, please terminate all use of the Sites and/or Service.

  1. 1. About Us

    1. 1.1 The Terms of Use is issued by PT Klik Kapal Indonesia, a limited liability company incorporated under laws of the Republic of Indonesia and domiciled at Gold Coast Office, Eiffel Tower, 16th Floor, Unit J-L, Jl. Pantai Indah Kapuk, Jakarta Indonesia (hereinafter referred to as "KKI", “we”, “our“ or “us”). The Terms of Use apply to the services and/or Site(s) (as defined below) provided and maintained by KKI.

    2. 1.2 The Sites (as defined below) is a marketplace that allows Ship Owners (as defined below) to offer their vessels and Cargo Owners (as defined below) to choose the right Ship Owners to deliver their cargo. The actual contract for the cargo shipment will be directly between the Ship Owner and the Cargo Owner.

    3. 1.3 While we intend to facilitate the Users to interact and carry out their shipping transaction, KKI does not have control over and does not guarantee: the quality or safety of the services of the Users; the ability of the Ship Owners to deliver the cargo; the ability of Cargo Owners to pay for the shipment; or whether a Cargo Owner or Ship Owner will actually complete a transaction.

  2. 2.DEFINITIONS

    1. 2.1Access Limitation” means a situation where the User is restricted from using the Services in full, particularly restriction from creating any orders and/or placing bids.

    2. 2.2Account” means the account made by the User as a Ship Owner or as a Cargo Owner.

    3. 2.3Application” refers to a mobile application provided by KKI, namely KlikKapal, including the software.

    4. 2.4Bidding Duration” has the meaning given to it in Clause 10.1.3.

    5. 2.5Cargo Owner” means any person, company or entity that holds the legal and beneficial title of the freights, goods, wares and merchandise, to be carried by and loaded into vessels (except live animals, passengers and/or other non-permitted goods as determined by KKI that are being carried on deck and are so carried) and shall enter into a contract of carriage with a Ship Owner.

    6. 2.6Commission” has the meaning given to it in Clause 11.1.

    7. 2.7Content” means any and all content that includes, without limitation, all forms of text, graphic video, audio, files, data, images, photographs, pictures, video clips, news, live feeds and information, on demand content and User Generated Content made available on the Sites.

    8. 2.8Contract” has the meaning given to it in Clause 10.1.5.

    9. 2.9Device” means desktops, computers, mobile phones, smart phones, electronic tablet or any similar device used by the Users to access the Site.

    10. 2.10Dispute” has the meaning given to it in Clause 25.2.

    11. 2.11Effective Date” means the effective date of the Terms of Use, being 17 September 2020.

    12. 2.12Force Majeure Event” has the meaning given to it in Clause 24.2.

    13. 2.13Online Chat Feature” means the online chat feature on the Application between the Users and the customer service.

    14. 2.14Parties” means KKI and the User.

    15. 2.15Performance Bond” has the meaning given to it in Clause 11.2.

    16. 2.16Privacy Policy” means the privacy policy of KKI as amended from time to time.

    17. 2.17Services” means the provision of online platform by KKI, which allows the Users to interact and carry out a shipping transaction.

    18. 2.18Ship Owner” means a company established under the laws of Indonesia that engages in the shipping business and owns and/or operates and/or manages Indonesian-flagged vessels (either by way of a bareboat or demise charters), who shall enter into a contract with a Cargo Owner in relation to the carriage of freights, goods, wares and merchandise (except live animals, passengers and/or other non-permitted goods as determined by KKI that are being carried on deck and are so carried).

    19. 2.19Sites” means the Website and/or the Application.

    20. 2.20Third Party Content” means contents provided by third parties.

    21. 2.21Third Party Websites” means information, products, or services offered on websites that are owned or operated by other companies, including any company affiliated with KKI.

    22. 2.22Trademarks” means trademarks, trade names, trade dress service marks and logos contained in the Sites.

    23. 2.23User” or “Users” means the Ship Owner or Cargo Owner registered on the Sites.

    24. 2.24User Generated Content” means any uploaded material, data shared, or contribution made such as text, links, photographs, graphics, video or audio or other data or information posted by a User.

    25. 2.25Value-Added Tax” or “VAT” means Value Added Tax or any other local tax of a similar nature that may be substituted for or levied in addition to it in each case at the rate current from time to time.

    26. 2.26Website” refers to a website owned and provided by KKI for User’s access at https://www.klikkapal.com.

    27. 2.27 "You" and "Your" means the individual who is accessing and/or using the Sites, including the User.

  3. 3. INTERPRETATIONS

    1. 3.1 Headings are for convenience only and shall not in any way affect the interpretation and construction of the Terms of Use.

    2. 3.2 Words imparting the singular shall include the plural and vice versa.

    3. 3.3 Words importing a gender shall include every gender.

    4. 3.4 References to any person shall include an individual, company, corporation, firm or partnership.

    5. 3.5 References to “include”, “including” or words of similar import shall mean “without limitation”.

  4. 4. ACCEPTANCE OF THE TERMS OF USE

    1. 4.1 All access to and use of the Sites are subject to the Terms of Use.

    2. 4.2 By using, accessing and/or subscribing to the Sites, You confirm that You accept and agree to comply with the Terms of Use. If You do not agree with the Terms of Use, You must not use, access or subscribe to the Sites.

    3. 4.3 You can use, access or subscribe to the Sites only if You are eligible to form a legally binding contract under the applicable law in Your jurisdiction. If You are in Indonesia, You are at least 21 years old and have the necessary legal capacity, right, power and authority to agree to the Terms of Use, and You are either:

      1. (a) accessing the Sites, using the Services and contracting in Your own personal capacity; and/or

      2. (b) accessing the Sites, using the Services and contracting on behalf of a corporate entity.

  5. 5. COMPLIANCE TO LOCAL LAW

    1. 5.1 KKI makes no representation that materials on the Sites are appropriate or available for use in all locations around the world (other than the Republic of Indonesia) from which it may be accessed.

    2. 5.2 If part or all of the Terms of Use violates or is not enforceable under the local laws of a country (including Republic of Indonesia) from which the Sites are being accessed, that respective provision shall be severable from the Terms of Use and the remainder of the Terms of Use shall remain in force and effect. Viewing the Sites from countries in which the information and the Content is illegal is strictly prohibited and would be a violation of the Terms of Use. If You choose to do so, You are at Your own initiative and risk. KKI will not be held responsible for any non-compliance with any applicable local laws.

  6. 6. LICENSE AND RESTRICTIONS OF THE CONTENT IN THE SITES AND THE SOFTWARE

    1. 6.1 The Content in the Sites is all subject to copyright or other intellectual property protection. The copyright in the arrangement of and or components of all material provided on the Sites by KKI, including, without limitation, all Content in these Sites are held by KKI or by the original creator of the materials. KKI grants You a limited, non-exclusive and non-transferable license to use and display the materials on these Sites only for (i) the purposes permitted by KKI under the Terms of Use, including to implement the Services, and (ii) other bona fide non-commercial purposes associated with Your interaction with the Sites. Specifically for the latter, the license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, You have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming the Sites, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of KKI or the relevant copyright owner(s). This license terminates automatically and without notice if You violate any provision in the Terms of Use. Upon termination, You must destroy any downloaded or printed materials obtained from the Site. KKI reserves all other rights not expressly granted by this license.

    2. 6.2 We offer information regarding the vessel (including images, descriptions and specifications of the vessel) as provided by the Ship Owners. The information includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the vessel’s information and not to create any derivative works based on that information.

    3. 6.3 We endeavour to provide reliable information of a particular vessel, but cannot promise that the content provided through the Sites will always be available, accurate, complete and up-to-date. You agree that KKI is not responsible for examining or warranting the listings or content provided by third parties through the Sites, and that You will not attempt to hold us or our information providers liable for inaccuracies. As a Ship Owner, You agree to ensure that the content directly associated with Your listing is accurate.

    4. 6.4 The Software is made available for You solely to download and use for Your individual, non-transferable and non-exclusive use of the Sites in accordance with the Terms of Use. You may not install or use any part of the Software unless You have agreed to the Terms of Use.

    5. 6.5 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software.

    6. 6.6 Any reproduction or redistribution of the Software that is not in accordance with the Terms of Use is expressly prohibited by law, and may result in severe civil and criminal penalties. Any violators will be prosecuted to the maximum extent possible.

  7. 7. TRADEMARKS

    The Trademarks used and displayed on the Sites are registered and unregistered Trademarks of KKI or other parties. Unless otherwise stated on the Sites, nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without the written permission of KKI or any third party that may own the Trademarks. Except as expressly indicated on the Sites, the name or logos of KKI and KlikKapal may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without prior written permission from KKI.

  8. 8. ACCOUNT REGISTRATION, USE AND SECURITY

    1. 8.1 To be a registered member of the Sites, You must provide the required information as shown in the registration page of the Sites.

    2. 8.2 You are responsible for maintaining the confidentiality of Your log-in information details, including the password and e-mail address, and therefore You must not disclose Your log-in information details to any third party, including any password and/or verification code that can be sent via e-mail to Your registered e-mail address every time there is a log-in attempt to Your account. Only You can request the password and/or verification code by submitting a request on the Sites. We or our staff will never ask for Your password and/or verification code in any manner. You agree to assume all risks relating to the disclosure of your log-in information to any third party and to be fully responsible for every consequence related thereto. Any verified code submission from Your account upon log-in through the Sites shall be deemed as an authorized log in.

    3. 8.3 You may be requested to submit additional document or information, electronically or physically to our office, or to meet with our agent, as instructed by us as necessary.

    4. 8.4 We will verify the information and documents that You submitted through the Sites and determine whether You have satisfied all of the requirements to be a registered member of the Sites.

    5. 8.5 We will have the sole discretion to approve or reject Your verification request subject to the prevailing laws and regulations. We may, from time to time, revoke the approval of Your verification request, including in the event of doubt of the accuracy and/or validity as well as completeness of documents and/or information that You have submitted.

    6. 8.6 Any data submitted by You to Us for account registration purposes shall be Your own data. Any submission from Your account will be acknowledged as an authorized submission.

    7. 8.7 If You are aware that any person has used Your password and/or e-mail address to access or to attempt to access the Sites, You will be required to make an immediate report to KKI in 1 x 24 hours.

    8. 8.8 KKI reserves the right to terminate any dormant Account that has not been used for a period of one (1) year since the last User log-in or carried out a transaction (i.e., creating an order or placing a bid).

    9. 8.9 Information on the Sites may contain technical inaccuracies or typographical errors. KKI reserves the right to make improvements and/or changes to the Sites at any time.

    10. 8.10 The Sites may not be available to all Devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Sites and assume all risk associated therewith.

    11. 8.11 The Sites may not be available to be accessed from all regions and countries in the world. KKI reserves the right, in its sole discretion, to limit or terminate Your ability to access the Sites from certain regions or countries, and You assume all risks associated with the accessibility of the Sites from any given region or country.

    12. 8.12 KKI reserves the right to limit or prohibit Your entry into the Sites in its sole discretion.

  9. 9. USER CONDUCT

    1. 9.1 You agree to use the Sites only for lawful purposes and in accordance with the Terms of Use.

    2. 9.2 You agree to (a) notify KKI immediately of any unauthorized use or any other breach of security, and (b) ensure that You log-off from Your Account at the end of each session.

    3. 9.3 Your Account is not transferable and may not be assigned to any third party. The Sites are provided to You only for Your internal and personal use.

    4. 9.4 You may not allow any other person to: (a) resell, sublicense, or otherwise transfer all or any portion of the Sites to any other party; or (b) make commercial use of the Sites without the express written consent of KKI.

    5. 9.5 You agree to abide by all applicable regional, national and international laws and regulations and are solely responsible for all acts or omissions that occur under Your usage, including the Content of Your communication through the Online Chat Feature in the Sites. Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct. Specifically, You agree to comply with all applicable laws regarding online communication in the country in which You reside.

    6. 9.6 You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites (or the network(s) connected to the Sites) or interfere with any other party's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, computer systems or networks connected to the Sites through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means that are not intentionally made available through the Sites.

    7. 9.7 You will not post or transmit through the Sites any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal Content or Content which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other Users with respect.

    8. 9.8 You will not post or otherwise make available on the Sites any material, which You do not own without the express permission of the owner of the material.

    9. 9.9 You will not broadcast, copy, download, frame, reproduce, republish or transmit in any manner whatsoever any material on the Sites except as is strictly necessary for Your own personal, non-commercial home use.

    10. 9.10 You will not do anything that affects the operability or security of the Sites or causes unreasonable inconvenience or offence or disruption to our staff.

  10. 10. CREATING ORDERS AND BIDS; SHIPMENT AND REPORTING REQUIREMENTS; PAYMENTS

    1. 10.1 Your Orders

      1. 10.1.1 A Cargo Owner can place an order on our Site by indicating the order criteria (including loading and discharging time, cargo type, cargo unit, bid price, demurrage, dead freight and ship type), together with all other necessary information as may be required by us, through the designated process on our Site and submitting it. As an order cannot be cancelled, please read and check Your order carefully before submitting it.

      2. 10.1.2 There are three types of order that a Cargo Owner can make on the Site:

        1. 10.1.2.1 Open bid price order: an order that does not state the Cargo Owner’s preferred price.

        2. 10.1.2.2 Maximum price order: an order that states the Cargo Owner’s preferred price.

        3. 10.1.2.3 Lumpsum price order: an order that states the Cargo Owner’s preferred price for the whole shipment.

      3. 10.1.3 When an order has been placed, a Ship Owner can submit a bid or commitment to take the order at the end of the online checkout process (i.e. when you click on the ‘Submit’ button) and subsequently, this is deemed to be an offer by the Ship Owner to transport the selected order in accordance with the Terms of Use. For each order, a Ship Owner will be given a maximum of three (3) hours to submit a bid (“Bidding Duration”). A Ship Owner may also withdraw their bid within the Bidding Duration, but cannot do so once the Bidding Duration has lapsed.

      4. 10.1.4 After the Bidding Duration has lapsed, the Cargo Owner will have a maximum of one (1) hour to pick the most suitable offer. The Cargo Owner must accept one of the offers provided by the bidders.

      5. 10.1.5 Once an offer has been accepted, the Sites will generate a charterparty (surat perjanjian angkutan laut) (“Contract”) and the Ship Owner and the Cargo Owner will be deemed to have entered into a legally binding Contract. The Contract is provided by KKI and uses a market standard template. Before transacting on the Sites, the Users may view the Contract the template at the FAQ page.

      6. 10.1.5.1 As a Cargo Owner, You represent and warrant to us that:

        1. 10.1.5.1.1 You are ordering via our Site for Your own use (or the use of the company that You represent) only;

        2. 10.1.5.1.2 You will not make false, fraudulent or speculative orders on our Site; and

        3. 10.1.5.1.3 the goods that You will transport using the vessels ordered from our Site comply with all applicable laws, including with all government import and export control laws and regulations as well as have obtained the required and valid documentation and permits, and will not cause us to breach any applicable laws in any ways.

      7. 10.1.5.2 As a Ship Owner, You represent and warrant to us that:

        1. 10.1.5.2.1 You are bidding via our Site for Your own use (or the use of the company that You represent) only;

        2. 10.1.5.2.2 You will not make false, fraudulent or speculative bid on our Site; and

        3. 10.1.5.2.3 the vessels that You will use to deliver the order provided in our Site comply with all applicable laws, including having all the required and valid shipping documentation and permits to deliver the order, and will not cause us to breach any applicable laws in any ways.

    2. 10.2 Shipment and Reporting Requirements

      1. 10.2.1 Fulfilment of the shipment in accordance to the Contract is the obligation of the Ship Owner. The Cargo Owner acknowledges that exceptional circumstances and operational requirements may hamper completion of the shipment. In such cases, the Ship Owner must inform the Cargo Owner accordingly. Please note that extra charges may apply in such circumstances. We are not liable for any loss, damage, cost or expense for any failure to meet any given shipment or delivery howsoever caused.

      2. 10.2.2 In order to keep the Cargo Owner abreast of the delivery of the order in accordance to the Contract, the Ship Owner must comply with the reporting obligations through the Sites. You agree that KKI is not responsible for examining or warranting the reports provided by the Ship Owner through the Sites, and that You will not attempt to hold us liable for inaccuracies. A Ship Owner that fails to comply with such obligations will receive a warning and at the discretion of KKI, it may also be suspended.

      3. 10.2.3 As a Ship Owner, You represent and warrant to us that:

        1. 10.2.3.1 You will deliver the order in accordance to the requirements of the Contract; and

        2. 10.2.3.2 You will not make any false, inaccurate and incomplete progress report of the delivery of the order on our Site.

    3. 10.3 Payments

      1. 10.3.1 Against performance of obligations by the Ship Owner, the Cargo Owner must make payment to the Ship Owner in the amount stated in the Contract. The Cargo Owner must upload on the Site a proof of the payment.

      2. 10.3.2 You acknowledge and confirm that KKI does not administer and are not involved in the payment by the Cargo Owner of the total amount of charges due to the Ship Owner in respect of the Ship Owner’s delivery of the order.

      3. 10.3.3 As a Cargo Owner, You represent and warrant to us that:

        1. 10.3.3.1 You will make payment for the delivery of the order by the Ship Owner in accordance to the requirements of the Contract; and

        2. 10.3.3.2 You will not upload any false, inaccurate and incomplete proof of payment on our Site.

  11. 11. COMMISSION FEE AND PERFORMANCE BOND

    1. 11.1 KKI shall be paid a commission (“Commission”) on all transactions made and/or entered into by the Users from the Sites. The amount of the Commission charged by KKI for each transaction shall be calculated as follows:

      Commission = Freight on the Contract x Bill of Lading’s Quantity x 1.25%

    2. 11.2 The Commission is payable by the Ship Owner and Cargo Owner. As a security measure, each of the Ship Owner and Cargo Owner in a transaction must first deposit certain amount of money to KKI (“Performance Bond”), calculated as follows:

      Performance Bond = Freight on the Contract x Dead Freight on the Contract x 5%

    3. 11.3 Simultaneous to the Sites generating the Contract, a Performance Bond invoice will also be issued to the Users, setting out the exact amount of the Performance Bond payable by the Users. Such Performance Bond must be paid by the Users within three (3) business days since the date of such invoice.

    4. 11.4 Following KKI’s receipt of the Bill of Lading and/or compliance to the reporting obligations through the Site in a transaction had been fulfilled by Ship Owner :

      1. 11.4.1 Upon finding that the amount of the Performance Bond that had been paid to KKI (based on the final amount of the freight on the Contract) is greater than the Commission amount that KKI is entitled to receive, KKI shall refund the balance to each Ship Owner and Cargo Owner in such transaction on equal amount.

      2. 11.4.2 Conversely, if the amount of Performance Bond that had been paid to KKI(based on the final amount of the freight on the Contract) is lesser than the Commission amount that KKI is entitled to receive, KKI will issue an invoice setting out the exact deficit amount payable and due date for such payment by each Ship Owner and Cargo Owner.

    5. 11.5 Where any of the following occur with respect to a User (“Defaulting User”) in a transaction, and where a breach is capable of remedy but has not been remedied by the Defaulting User to the satisfaction of KKI and/or the other User (“Non-Defaulting User”):

      1. 11.5.1 a Ship Owner:

        1. 11.5.1.1 fails to arrive at the designated port;

        2. 11.5.1.2 fails to arrive at the designated port in accordance with the prescribed date under the Contract;

        3. 11.5.1.3 arrives at the designated port in time, but not in accordance with the specifications as prescribed under the Contract;

        4. 11.5.1.4 fails to comply with the reporting requirement set out under paragraph 10.2.2 above;

      2. 11.5.2 a Cargo Owner:

        1. 11.5.2.1 fails to make payment to a Ship Owner for the delivery of the order as agreed under the Contract;

        2. 11.5.2.2 fails to prepare the cargo at the designated port in accordance with the prescribed date under the Contract; and/or

        3. 11.5.2.3 fails to comply with the requirement set out under paragraph 10.1.5.1.3 above,

      the Defaulting User will be in default under the Contract and the Terms of Use, and KKI shall have the right, exercisable at its sole discretion, to forfeit the Performance Bond that the Defaulting User had paid to KKI for the relevant transaction. KKI shall equally split the forfeited Performance Bond amount with the Non-Defaulting User. KKI shall then refund the Performance Bond that the Non-Defaulting User had paid to KKI.

    6. 11.6 The Commission shall be exclusive of VAT and/or any applicable taxes. If VAT and/or other taxes are required by any law or regulation to be chargeable on the Commission, KKI shall add to the Commission the VAT and/or other taxes chargeable in respect of the Commission and You must pay the VAT and/or other taxes amount to KKI when making payment of the Commission in accordance with applicable laws. If You are required by any law or regulation to make any deduction or withholding, on account of VAT and/or other taxes from the Commission payment to KKI under this Terms of Use, You may deduct or withhold such amount from the Commission, remit the amount to the relevant tax authority and furnish KKI with a copy of any official receipt or receipts issued by such tax authority evidencing such payment.

  12. 12. WRITTEN WARNINGS, ACCESS LIMITATION, NON-ACTIVATION OR SUSPENSION

    1. 12.1 The Users can receive a written warning for the following acts:

      1. 12.1.1 Failing to make payment as set out in paragraph 11.1 above; and/or

      2. 12.1.2 Failing to renew the required shipping documentation and permits to deliver an order.

    2. 12.2 Acts of the Users that warrant a second written warning are as follows:

      1. 12.2.1 Failing to comply with the requirement set out in paragraph 11.1 above within five (5) business days from the date of the written warning in paragraph 12.1.1; and/or

      2. 12.2.2 Failing to renew the required shipping documentation and permits to deliver an order within five (5) business days from the date of the written warning in paragraph 12.1.2.

    3. 12.3 Acts of the Users that warrant a third written warning and will be subject to Access Limitation are as follows:

      1. 12.3.1 Failing to comply with the requirement set out in paragraph 11.1 above within five (5) business days from the date of the second written warning in paragraph 12.2.1;

      2. 12.3.2 Failing to renew the required shipping documentation and permits to deliver an order within five (5) business days from the date of the second written warning in paragraph 12.2.2;

      3. 12.3.3 In breach of paragraph 14.1 below;

      4. 12.3.4 In breach of any terms in the Contract;

      5. 12.3.5 In breach of paragraphs 10.1.5.1.1 or 10.1.5.2.2 (as relevant), particularly by way of withdrawing its order or bid (as relevant) for 5 consecutive times; and/or

      6. 12.3.6 Occurrence of any of the events set out in paragraph 11.5.

    4. 12.4 You may non-activate Your Account by requesting to info@klikkapal.com. from the e-mail address provided by You at the time You opened Your Account. Your e-mail must specify Your e-mail address, and expressly state that You wish to non-activate Your Account.

    5. 12.5 In addition to any termination rights that KKI may have under the Terms of Use, KKI may suspend Your Account and access to the Sites without notice and in its sole discretion if:

      1. (a) You have not logged-in to your Account for an extended period of time as specified in Section 8.8;

      2. (b) KKI suspects fraudulent use (fraudulent use of an Account may include but is not limited to: (i) permitting access to Your e-mail address and password to third parties, or (ii) entering invalid or apparently invalid user information for Your Account of the Sites and/or Your Account);

      3. (c) You commit a material violation of the Terms of Use as posted from time to time on the Sites, any applicable law, rule or regulation relating to the use of the Sites;

      4. (d) Any law, regulation, or governmental action renders all or any portion of the Sites unlawful or impracticable;

      5. (e) You are included in the blacklist or watchlist maintained by the government or international organizations;

      6. (f) Your use of Your Account or the Sites impairs or threatens to impair the integrity or functionality of the Sites in any manner; and/or

      7. (g) KKI believes that You have violated or acted inconsistently with the letter or spirit of these Terms of Use.

    6. 12.6 A User that has been imposed with an Access Limitation or Suspension may have its Account to be fully restored by sending an email to info@klikkapal.com. from the e-mail address provided by You at the time You opened Your Account. Your e-mail must specify Your e-mail address, and expressly state that You wish to restore Your Account, including providing evidence of fulfilment/remediation of the outstanding obligation in question. Upon receiving such request, KKI shall determine at its sole discretion if the Account can be restored or require further action from such User.

  13. 13. DISCLOSURE AND CONFIDENTIALITY

    1. 13.1 To the extent consistent with our Privacy Policy, KKI reserves the right to disclose any personal information about You or Your use of the Sites without Your prior permission if KKI, in good faith, believes that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of KKI or its holding or affiliated company; (3) enforce the Terms of Use; or (4) act to protect the interests of its members or others.

    2. 13.2 For further details on use and disclosure of Your personal information please see our Privacy Policy at https://www.klikkapal.com/pages/privacy-policy.

  14. 14. REPRESENTATIONS AND WARRANTIES OF THE USERS’ INFORMATION

    1. 14.1 You represent and warrant to: (a) provide true, accurate, current and complete information about You and Your company as prompted by the KKI account registration form; and (b) maintain and promptly update any information contained in the registration form to keep it accurate, current and complete.

    2. 14.2 If You provide any information that is untrue, inaccurate, outdated or incomplete, or if KKI suspects that such information is untrue, inaccurate, outdated or incomplete, KKI has the right to impose an Access Limitation or suspend Your Account and Your access or further refuse any and all current or future use of the Sites (or any part thereof).

  15. 15. DISCLAIMER OF REPRESENTATION AND WARRANTIES

    Your access to and use of the Sites is at Your own sole risk. You acknowledge that by using the Sites, You are exposed to risks associated with system failure such as failure of data transmission caused by telecommunication facilities faults; Services disruption or delays during the Sites repair, maintenance or upgrading Services period; Services disruption or delays caused by hacker attacks; failure or malfunctions of Your equipment, hardware and/or software, connectivity and infrastructure; intrusion of a third-party into Your computer system; any suspected attempt at piracy, embezzlement or any other impairment risk such as force majeure leading to including, but not limited, to inability to access and use the Sites or any other cause in connection with the use or inability to use all or any part of the Services.

  16. 16. INDEMINITIES

    You agree to indemnify and hold KKI harmless against all claims, liabilities, charges, expenses, penalties, costs, damages, awards and/or losses suffered or incurred by KKI, which may be arising out of:

    1. (a) Your access of and/or use of the Sites;

    2. (b) Your connection to the Sites;

    3. (c) Your breach of any of the Terms of Use;

    4. (d) Any inaccurate, untrue, incomplete information about You and Your company given and uploaded in the account registration form and any failure to maintain and promptly update such registration data to keep it accurate, current and complete;

    5. (e) Your violation of any rights of another person or entity;

    6. (f) Your breach of any statutory requirement, duty or law; or

    7. (g) the actions of any other party who was able to access and/or use the Sites by using Your user id and/or login password.

  17. 17. LIMITATION OF LIABILITY

    You acknowledge that KKI will not be liable for any damages of any kind related to Your use of or inability to use these Sites, including, without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, punitive, incidental, special, compensatory or consequential damages, lost profits and/or loss of or damage to data or property whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if KKI has been advised of the possibility of such damages.

  18. 18. CHANGES TO TERMS OF USE

    We have the right to amend the Terms of Use from time to time. Prior to such amendment or modification, we will notify You via the Sites and/or by email to the address associated with Your Account. If You do not accept the changes, You must stop using Your Account by sending us an email at info@klikkapal.com. Your continued use of the Sites after we publish or send a notice about the changes to the Terms of Use means that You consent to the updated Terms of Use.

  19. 19. LINKS TO THIRD PARTIES

    1. 19.1 KKI may provide access to Third Party Websites. We provide this access through the use of hyperlinks that automatically move You from the Sites to the Third Party Website.

    2. 19.2 While we do our best to provide You with helpful, trustworthy resources, KKI cannot endorse, approve, or guarantee information, products, services, or recommendations provided at any Third Party Website. Since we may not always know when information on a linked site changes, KKI is not responsible for the content or accuracy of any Third Party Website. KKI shall not be responsible for any loss or damage of any sort resulting from the use of a link on its Sites nor will it be liable for any failure of products or services advertised or provided on these linked websites.

    3. 19.3 KKI offers You links on an “as is” basis. When You visit a Third Party Website by using a link on the Sites, You will no longer be protected by our Privacy Policy or security practices. The data collection, use, and protection practices of the linked website may differ from the practices of the Sites. You should familiarize Yourself with the privacy policy and security practices of the linked website. Those are the policies and practices that will apply to Your use of the linked website, not KKI policies and practices.

  20. 20. ASSIGNMENT

    The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by KKI without restriction.

  21. 21. INTERNET DELAYS

    The Sites have the possibility of limitations, delays, and other issues in the use of internet and electronic communication including the Devices used by You become damaged, disconnected, or malfunctioned. KKI is not responsible for delays, failure of delivery, damage or damages due to such problems.

  22. 22. NOTICE OR COMMUNICATIONS

    When You use the Sites, or send e-mails, text messages, and other communications from Your Device to us, You may be communicating with us electronically. You consent to receive communications from us electronically, such as via e-mails, texts, mobile push notices, or notices and messages on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

  23. 23. SEVERABILITY

    If any term or provision in the Terms of Use shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of the Terms of Use and the enforceability of the remainder of the Terms of Use shall not be affected. The failure of KKI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

  24. 24. FORCE MAJEURE

    1. 24.1 No party shall be liable for any failure to perform its obligations under the Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

    2. 24.2 For the purposes of the Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in the territory, and which results in the party being unable to observe or perform on time an obligation under the Terms of Use. Such circumstance or event shall include labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

  25. 25. GOVERNING LAW AND ARBITRATION

    1. 25.1 The Terms of Use and all matters relating to Your access to, or use of, the Sites and the Services shall be governed by and construed in accordance with the laws of Indonesia.

    2. 25.2 Any and all dispute, conflict, or claim arising from, or relating to the Terms of Use related to the implementation of the Terms of Use, claim or others, including any doubts concerning its existence, validity or termination ("Dispute"), must be resolved by deliberation in good faith by KKI or the User within 30 calendar days after a party notifies the other party of a Dispute.

    3. 25.3 If the Dispute cannot be resolved by deliberation within the said period, the Dispute shall be finally settled by arbitration under the administrative and procedural Rules of the Indonesian National Arbitration Board (Badan Arbitrase Nasional Indonesia or BANI) domiciled in Wahana Graha 1st & 2nd Floor, Jalan Mampang Prapatan No. 2, Duren Tiga, Pancoran, South Jakarta, Indonesia. The arbitration tribunal shall consist of three (3) arbitrators. The decision of such tribunal shall bind the parties to the Dispute and serve as a decision in the first and final instance. The arbitration will be conducted in Indonesian language.

  26. 26. EFFECTIVE DATE

    The Terms of Use shall apply as of the Effective Date and until the next update of the Terms of Use or until terminated by KKI.

  27. 27. CONTACT US

    If You have any questions, comments, complaints or claims concerning the Sites or the Terms of Use, please contact our Customer Service email at: info@klikkapal.com.