Terms of Use MyAvin

Terms of Use

These Terms of Use constitute a legal agreement between you and PT Avin Kaya Internasional (as defined below) applicable to your visit and use of our website at www.myavin.com ("Website"). By downloading, installing, and / or using the My Avin Application ("Application"), you agree that you have read, understood and accepted and agreed to these Terms of Use ("Terms of Use")

Please cancel your account (if you have registered for the Application) and permanently delete the application from your device if you do not agree or do not want to enter the Terms of Use.

1. General Matters

1. . PT Avin Kaya Internasional is a company established under the laws of the Republic of Indonesia ("we" or "our").

2. This application is a software application that serves as a means of finding services using a motorcycle provided by a third party (motorcycle taxi driver ("service provider)"). This application offers information about the services offered by the Service Provider. Types of services that can be requested through the Application are:

1. Courier Service

2. Transportation Services

3. Food Delivery Service;

4. Personal Shopping Services; and

5. Other services that we may add from time to time ("Services").

3. This application allows you to send requests for a Service to a Service Provider. The GPS receiver - which must be installed on the mobile device (smart phone) where you have downloaded the Application - detects your location and sends your location information to the relevant Service Provider. Service Providers have their own and complete policies to accept or reject each of your requests for services. The Service Provider also has its own and overall policy to choose and accept the directions given by the Application. If the Service Provider accepts your request, the Application will notify you and provide information about the Service Provider - including the name of the Service Provider, the vehicle police number, and customer service assessment - and the ability to contact the Service Provider by telephone. This application also allows you to see the development of Service Providers towards the pickup point, in real time

4. We will connect you with a Service Provider to get a Service, depending on your availability when ordering a Service.

5. WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION OR COURIER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION OR COURIER SERVICES. we are not responsible for any actions and / or negligence of the Service Provider. This application is only a means to facilitate the search for services. Service providers only offer services to you depending on whether you accept or not.

2. Provisions for Using Applications

1. You represent and warrant that you are an individual who is legally entitled to enter into a binding agreement under the laws of the Republic of Indonesia, specifically the Terms of Use, to use the Application and that you are at least 17 years old and a maximum of 55 years old. The relevant Service Provider has the legal right to cancel the agreement made with you. You further represent and warrant that you have the right, authority and capacity to use the Service. You also represent and guarantee that you are authorized to enter into, and bind the entity to these Terms of Use and register for the Service and Application.

2. We collect and process your personal information, such as your name, e-mail address, and cell phone number when you register. You must provide accurate and complete information, update the information and agree to provide us with any proof of identity. If any personal information you give us changes, for example, if you change your e-mail address, telephone number, or if you want to cancel.

3. You can only use the Application when you have registered for the Application. After you have successfully registered, the Application will provide you with a personal account that can be accessed with the password you chose.

4. Only you can use your own account and you promise not to authorize others to use your identity or use your account. You cannot send or transfer your account to another party. You must maintain the security and confidentiality of your account password and any identification that we provide to you. If your password leak occurs, in any way, which results in your use of your account or your identity illegally or illegally, orders received from unauthorized or unauthorized use will still be considered as legitimate orders, unless you tell us about this before the Service Provider provides the requested service.

5. You can only have one myAvin account

6. the decision to use the Service Provider is entirely yours. You are free to choose to use another service provider.

7. You are not permitted to misuse or use the Application for fraudulent purposes or to cause inconvenience to others or to make fake orders.

8. You cannot use your own consumer account (or another customer's account) to place an order that you will receive as a driver.

9. You are not permitted to injure, change, or modify the Application and / or Website or try to do it in any way. We are not responsible if you do not have a suitable device or if you have downloaded the wrong version of the application for your device. We reserve the right to prohibit you from using the Application further if you use the Application with an incompatible / invalid device or for any purpose other than the purpose intended to use the Application. You promise that you will only use permitted access points.

10. You will maintain confidentiality and will not abuse the information you receive from using the Application. You will treat Service Providers with respect and will not engage in unlawful, threatening or harassing behavior or actions when using services.

11. You understand and agree that your use of the Application will also be subject to our Privacy Policy as may be changed from time to time. By using the Application, you also give consent as required in our Privacy Policy.

12. By providing us with information, you represent that you have the right to provide us with information that we will use and provide to Service Providers.

13. The application cannot be used to search for Services for:

1. transporting and / or obtaining and / or buying goods that are prohibited by the laws of the country or goods that require a certain license or permit from the authorized official to be sent;

2. transporting goods to and from prison

3. buy and / or transport pets or other animals;

4. transporting goods with dimensions more than 70cm (length), 70cm (width), 50cm (height) or items weighing more than 20kg;

5. purchase and / or transport illegal or dangerous goods or stolen goods, including but not limited to items containing dangerous or toxic materials, drugs or illegal / illegal materials; and

6. buy and / or transport or send goods or valuables with a value of more than Rp 10,000,000 -

14. You must provide us with accurate and complete information about types, sizes, specifications and / or any special characteristics of food or items to be sent by Courier service or purchased with Food Delivery service or Personal Shopper service.

15. You must properly pack fragile items, such as glass, ceramics, cakes or food, for shipping. We also Service Providers will not be responsible for any damage, deformation, bending, expiration, decay, odors, spills or other incompleteness of the product during shipping which is in accordance with the packaging or inappropriate packaging.

16. Service Providers can ask you to open and determine the inside of the package to ensure that you state it.

17. Service Provider has the right to refuse your order if it is in accordance with the Service Provider's person, he may not be able to deliver goods.

18. You represent that you have been or will be the legal owner of the goods to be shipped. Goods sent are not stolen or illegally obtained and you are approved for approval, compensation and release, and we are not responsible for items sent by Service Providers that might be approved by the regulations requested.

19. We and / or the relevant Service Provider have the right to accept your order if we have a reasonable reason, you will oppose the Terms of Use or the applicable laws and regulations.

20. We can provide promotions that can be exchanged for Benefits related to using the Application. You agree that you will only use the promotion that is requested and will not abuse, duplicate, sell or divert the promotion in any way. Your promotion cannot be exchanged for cash and can expire on a certain date, even before you are purchased.

21. To Pay for a Personal Buyer Service, you agree that the goods to be purchased and sent by the Service Provider are legal goods that cannot be purchased in the country and approve invitations that apply in any way. You agree to release, release and release us and we are not responsible for goods purchased by the Service Provider on your behalf and given to you that may be approved by applicable laws and regulations.

22. You agree and agree to provide Media Service Providers and the authority to collect goods or food, make purchases on your behalf for every order on Courier, Food Delivery, or Personal Buyer services.

23. Anda hanya dapat melakukan pemesanan atas makanan yang tersedia di menu makanan restoran-restoran yang ada di layanan Pengiriman Makanan.

24. We cannot cancel shipments at stores / restaurants and ship fragile / perishable items such as cakes and ice cream.

25. We are not responsible for the quality of food and / or goods provided by restaurants-and / or shops in Food Delivery and Personal Buyer services.

26. You who agree and consider the price of food or goods approved in the Food Delivery or Personal Expense service are estimates and may change from time to time.

27. We or the Service Provider do not guarantee food or goods in restaurants or stores.

28. Service Providers will only ship alcoholic drinks to customers sent over 21 years. You agree to show your identity card (KTP) for approval by the Service Provider upon delivery.

29. With regard to Transportation Services, you promise that you will wear a helmet provided by your Service Provider during the trip. You also promise that for each Transportation Service, there will only be one passenger from the Service Provider. Service Providers have the right to be approved or canceled.

30. Please inform us if you no longer have control over your account, for example your account is somehow hacked or your phone is stolen, so we can cancel your account properly. Please note that you are responsible for the use of your account and that you may be held liable even if your account is abused by someone else

3. Payment

1. Downloading and / or using this Application is free of charge. We may introduce a fee for downloading and / or using the Application at any time. We will inform you of this as appropriate so that you can decide whether you want to continue using the Application or not. However, the internet connection required to use the Service, and any related costs (for example mobile data charges) arising from the use of the Service are your responsibility and are borne by you.

2. The rates that apply for Services by Service Providers can be found on the Site and through the Application. We may change or update rates from time to time.

3. We will help the Service Provider to calculate costs based on your order and inform you of the fees on behalf of the Service Provider.

4. You agree that you will pay for the Services provided to you by the Service Provider in full.

5. Food or goods ordered with the Food Delivery and Personal Shopping service must be paid in cash at the time of delivery of food or goods if the value of food or goods is below Rp1,000,000 (one million Rupiah).

6. Fees for Services include applicable taxes.

4. Guarantee

We make no representations, warranties or guarantees for the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Website and / or Application software, including but not limited to Services obtained or come from a Service Provider through the use of the Application. We do not represent or guarantee that (a) your use of the Service and / or Application will be safe, timely, uninterrupted or error free or operate in combination with other hardware, software, systems or data, (b) the Service will meet the needs or your expectations, (c) any data stored will be accurate or reliable, (d) the quality of the products, services, information or other materials purchased or obtained by you through the Application will meet your needs or expectations, (e) errors or defects in the Application will be corrected, or (f) the application or server (-server)) that provides the Application free from viruses or other dangerous components, or (g) the Application tracks you or the vehicle used by the Service Provider. Services provided to you are limited to "as is" basis. All conditions, statements and guarantees, whether express, implied, which are required by law or vice versa, including, but not limited to, implied warranties regarding sale and purchase, suitability for specific purposes, or absence of violation of third party rights, hereby excluded and excluded the highest and maximum limits. You acknowledge and agree that all risks arising from your use of the Service remain entirely your responsibility and you will not have the right to claim any compensation from the company.

5. Our Responsibility

1. We are not responsible for any injuries, deaths, damage or losses caused by the behavior of the Service Providers. We also are not responsible for errors, including traffic violations, or criminal acts committed by the Service Provider during the implementation of the Service. Service Providers are only our partners, not our employees, agents or representatives.

2. We use appropriate and reasonable technical and security methods to keep the Application safe and free from viruses and errors. However, no matter how effective this technology is, there is no impenetrable security system. Therefore we cannot guarantee the security of our database and we also cannot guarantee that the information you provide will not be retrieved.

3. This application may experience limitations, delays, and other problems that occur in the use of the internet and electronic communication, including devices used by you or the Service Provider damaged, not connected, out of reach, turned off or not functioning. We are not responsible for delays, shipping failures, damage or losses caused by these problems.

6. Limitation of Liability

1. Any claim against us, in any case by you, will be limited by the total amount actually paid by and / or owed to you when using the Service during the event that caused the claim. In any case we and / or our licensors will not be responsible to you or anyone for costs, interest, damage or loss of any kind or form (including personal injury, emotional disturbance and loss of data, goods, income, profits, use, or other economic benefits). The company and / or its licensors will not be responsible for any loss, damage or injury that may be caused by or caused by you.

2. You expressly waive and release us from any and all obligations, claims or damage arising from or in any way in connection with the Service Provider. The company will not be a party to disputes, negotiating disputes between you and the Service Provider. The responsibility for decisions you make for services found through the Application is your responsibility. You expressly waive and release us from any and all obligations, demands, causes of action or damage arising from the use of the Service, software and / or Application, or in any way related to the Service Provider introduced to you through the Application.

3. Quality of Service obtained through the use of this Application is entirely the responsibility of the Service Provider who ultimately provides the Service for you. You understand that by using this application, you may be exposed to potentially dangerous, offensive, dangerous transportation for minors, insecure or inappropriate, and that you are using the service at your own risk.

7. Compensation

By using this Application, you agree that you will defend, compensate and release us, our licensors, affiliates, and each of our officers, directors, commissioners, employees, lawyers and agents from and against any and all claims, costs, damages, losses, obligations and fees (including attorneys' fees and costs) arising from or in connection with: (a) your use of the Service and / or Application, your relationship with the Service Provider, third party provider, partners, advertisers and / or sponsors, or (b) violation of or non-compliance with any of the Terms of Use or applicable laws, whether stated herein or not or (c) your violation of the rights of third parties, including third party Service Providers regulated through the Application, or (d) use or misuse of the Application. This obligation to defend and provide compensation will continue even if your Terms of Use and use of the Site have ended.

8. Licensing

1. Depending on your adherence to the Terms of Use, we give you limited, non-exclusive, non-transferable, non-transferable, non-sublicensable permission, permission that can be withdrawn to download and install copies of the Application on a single mobile device that you own or control and run copies of the Application solely for your own personal, non-commercial needs.

2. You may not (i) copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, display publicly, reproduce, transmit, transmit, broadcast, describe or disassemble any part of or in other ways that might exploit the Application, except as allowed in these Terms of Use, (ii) license, sublicense, sell, resell, transfer, transfer, distribute or exploit commercially or make available to third parties Applications and / or software in a way; (iii) creating.

3. You (i) will not send spam or duplicate or unsolicited messages that violate applicable law; (ii) will not send or store material that violates, obscene, threatens, slanders, or violates the law or is sadistic, including but not limited to material that is harmful to children or that violates the privacy rights of third parties; (iii) will not send material containing software viruses, worms, Trojan horses or other dangerous computer code, documents / files, scripts, agents or programs; (iv) does not interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) does not attempt to gain unauthorized access to the Application or related systems or networks; (vi) not impersonate another person or entity or describe yourself as an affiliation of a person or entity; and (vii) refrain from engaging in actions that might damage our reputation or be deemed harmful to our reputation.

4. We will have the right to investigate and prosecute any of the above violations to the maximum extent possible by law. We may involve and cooperate with law enforcement authorities in suing users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website or Application, but we have the right to do so for the purpose of operating the Website and Application, to ensure compliance with these Terms of Use, or to comply with applicable regulations or orders or requirements of courts, administrative institutions or other government bodies

9. Matters Regarding Intellectual Property

1. MyAvin, including names and logos, Applications and Services, are protected by copyright, trademark and other rights provided under the laws of the Republic of Indonesia. We (and our licensors, as applicable) exclusively own all rights, ownership and interests in and to the Application, including all related intellectual property rights

2. Without deviating from our rights under applicable law or the Terms of Use, you are notified that any attempt or actual violation of these conditions will result in termination of all your rights under these Terms of Use. If you avoid one of the ways we take to protect services from unauthorized use, you must immediately stop any and all use of the Service, and you agree to do so.

10. Termination

1. You are under no obligation to use the Application and may choose to stop using it at any time by canceling your account and permanently deleting the application from your device, thus disabling use of the Application. The Terms of Use automatically end when you permanently delete the application from the device.

2. You can terminate your account by letting us know your intention to cancel your account. We will try to do our best to resolve the termination, including returning your credit balance stated in the wallet balance in the application (not including the amount obtained from a referral code or other promotion) within 30 (fifteen) working days.

3. We reserve the right to immediately suspend, limit or terminate the Terms of Use and use of the Application if we have reason to suspect that you have violated the provisions of these Terms of Use or the applicable laws and regulations.

4. If you permanently delete an application or stop using the Application permanently, through notification to us within 15 (fifteen) working days before deletion or termination, your Credit balance can be withdrawn, but limited to the value of your electronic money and not including an equivalent amount with value for money. In the case of death, your legal heir with notice to us within 15 (fifteen) working days after death, with a valid statement made in accordance with applicable laws or a final and binding court decision, can claim your Credit balance , but is limited to the value of your electronic money and does not include an amount equivalent to the value of money.

11. Other

1. Our waiver or withdrawal to claim a conflict of ratification or for ratification determined by this Ratification or ratification that applies, will not be considered as waiver governed by the subsequent provisions of each of these Submissions.

2. These Terms of Use are prepared in English and Indonesian, both versions will be binding on you and us. In the event of a discrepancy between the Indonesian language version and the English language version, the Indonesian language version will prevail.

3. You cannot transfer or transfer your rights under the Terms of Use, without our prior written consent. We can transfer our rights based on the Terms of Use to parties solely and agreed according to our policies.

4. If there are provisions based on the Terms of Use that are deemed invalid, invalid or not applicable, either on the whole or in part, based on the terms of the agreement, part of those conditions will be considered not part of these Terms of Use, but the legality, validity or enforceability of the remaining Terms of Use will not be affected.

5. These Terms of Use are governed by and inquired based on the Republic of Indonesia. Any and all disputes arising from the use of our services will be governed by the exclusive jurisdiction of the Karanganyar District Court.

6. These Terms of Use may be amended and amended from time to time. We will ask you to use the Application and / or email for modification, and / or changes to the Terms of Use. Continuous Use of Application After Received, This Is Your Consent and Acceptance, and / or Amendment.

Terms and Conditions

1. Customers are required to provide true and complete information about the type and specifications of goods to be shipped.

2. Myavin does not provide special boxes for shipping. The customer is responsible for packing feasible items to be sent. For fragile items made from glass, including ceramics and cakes, ice cream, food and fresh flowers, special provisions can be provided. MyAvin is not responsible for damage or changes in shape that occur for the delivery of these items.

3. MyAvin drivers are drivers who have been briefed to drive their vehicles in a safe manner. But customers who use transportation services are responsible for their own safety. Therefore, if you like being uncomfortable with the way the MyAvin driver drives his motorcycle, please wait safely for the driver to be more careful.

4. MyAvin does not provide shipping services for the items included below:

1. Goods issued by the authorities to be circulated or circulated

2. Delivery of goods to and from prison.

3. Pets.

4. Items whose dimensions are more than 70cm (length), 70cm (width), 50cm (height) or items that weigh more than 20kg

5. Myavin is not responsible for accidents involving the MyAvin driver both damage to the vehicle as well as injuries caused by the accident. The responsibility for all costs that may arise from this incident will be the personal responsibility of Myavin's driver. If there is information that can help for the investigation process such as the motor plate number, then MyAvin can only help as a mediator in bringing the two parties together to find a solution to the problem.

6. Each voucher code can only be used once per account for each promotion.