GOSEND TERMS OF USE

As of 3 January 2023

We thank you for Your trust in GoSend Service in the Gojek App. Please take Your time to read the whole Terms of Use of GoSend ("GoSend Terms of Use").

This GoSend Terms of Use is an integral part of Gojek Terms of Use. If You use the GoSend Service on the Gojek App, You will be deemed to have read and agreed to the GoSend Terms of Use. Therefore, if You do not agree to part or all of the conditions of the GoSend Terms of Use, please discontinue the use of GoSend Service.

1. GENERAL TERMS
   Unless specifically defined below and/or in other parts of the GoSend Terms of Use, capital letters used in the GoSend Terms of Use must be interpreted in accordance with the terms in the Gojek Terms of Use.
   
   Goods are goods that will be sent by the sender to the recipient using the services of a Driver Partner and/or other third-party independent Service Providers (including but not limited to PT Paket Anak Bangsa, one of Our affiliates) through GoSend.
   
   GoSend is a Goods delivery service provided by Driver Partner and/or other third-party independent Service Providers (including but not limited to PT Paket Anak Bangsa, one of Our affiliates) by using motorized vehicles to deliver Goods from the pickup location of the sender of Goods to the recipient's User-specified destination location.
   
   Driver Partner is a third-party-independent Service Provider that agrees to become Our partner that cooperates with Us with a partnership scheme and is not Our employee, agent or representative.

2. TERMS OF SERVICE

   1. You are required to provide complete and accurate information regarding the complete address of the pickup of the Goods, the destination of the recipient of the Goods and the type of Goods to be delivered by writing the details of the item (including, but not limited to the type and total weight of Goods) in the description field provided.
   2. Should you deem it necessary, subject to your own assessment in accordance with the details of the Goods, you can do packaging on the Goods so that the Goods sent by the Driver Partner are not damaged during the trip.
   3. If the Goods to be delivered have been packed, with your approval and as witnessed by You, the Driver Partner shall have the right to open the packaging to ensure that the contents are in accordance with the description of the Goods and do not violate the GoSend Terms of Use.
   4. Fees of the GoSend Service’s performance (“User Fee”) will be displayed on the Gojek App before you use GoSend Services. You understand and acknowledge that We can change the offer and/or update the User Fee offered from time to time based on certain factors, including location, time, applicable laws and regulations. If there are other costs incurred during the provision of GoSend for You, including but not limited to toll fees and parking fees, then You are fully responsible for these costs and the Driver Partner has the right to request reimbursement of these other costs of Yours.
   5. Payment of other fees as referred to in number 2(d) can be made in cash or paid through other payment features available in the Gojek App.

3. INSURANCE FOR GOSEND SERVICES

   1. For Your convenience, We are cooperating with a third-party insurance provider to provide insurance coverage for Goods during the implementation of GoSend Services. For more information on the insurance provided by the third-party insurance provider, You can access it at https://www.gojek.com/blog/gosend/asuransi-layanan-gosend/.

   2. For the avoidance of doubt, We don’t act as an agent or representative of a third-party insurance service provider and are not a party to the insurance agreement between You and the third-party insurance provider.

   3. You cannot make an insurance claim if the Goods You send through GoSend Services are Goods included under the type of Goods as stipulated in Article 4 of this GoSend Terms of Use.

4. TYPES OF GOODS THAT CANNOT BE DELIVERED USING GOSEND SERVICES

   When a User uses GoSend Services, the User is obliged to ensure that the Goods delivered are Goods that are not categorized as the Goods that cannot be delivered using GoSend Services, among:
   1. Restricted Goods, including but not limited to:
      1. Money (cash, coins, foreign currency);
      2. Narcotics, marijuana, morphine, and other products that cause addiction;
      3. Pornografi dalam bentuk apapun; Pornography in any form;
      4. Delivery that requires a longer duration than the required transit time;
      5. Living animals and plants;
      6. Easily damaged groceries and beverages that require refrigeration or a controlled environment;
      7. Explosives, firearms, weapons, and parts thereof;
      8. Gambling devices and lottery tickets;
      9. Government-controlled goods;
      10. Goods resulting from crime, for example stolen goods and so on; and/or
      11. Other goods which are prohibited by applicable laws and regulations;
   2. Extraordinary Goods, including but not limited to:
      • Artworks, including works made or done using creative skills, sense or talents for sale, exhibited or collected, including, but not limited to items (and parts thereof) such as paintings, drawings, vases, rugs;
      • Films, photographic images, including negative photography, chromes photography, photography slides;
      • Commodities that are naturally very vulnerable to damage, or highly variable market values, or difficult to ascertain;
      • Antiques, commodities that show the style or fashion of a past era which history, age or scarcity contributes to its value. These items include but are not limited to, furniture, tableware, glasses, and collectibles such as coins, stamps;
      • Glassware in the form of jewelry, including costume jewelry, watches and parts thereof, gemstones or stones (noble or semiprecious) industrial diamonds and jewelry made of precious metal;
      • Animal hair, including but not limited to fur clothing, clothing with trimming and furry skin;
      • Precious Metals, including but not limited to gold and silver bars or powder, deposits or platinum (except as an integral part of electronic machinery);
      • Stamps, excise on liquor, stamp duty; and/or
      • Gold Coins (must be packaged with coin headers or Safe-T Mailers and must be kept from touching one another or wrapped in layered material).
   3. Valuable Documents, including but not limited to:
      • Land Ownership Certificate and/or Right of Land Ownership Certificate (SHM) and Building Exploitation Permit (HGB);
      • Proof of Motor Vehicle Ownership (BPKB), Graduation Certificate, Passport; and/or
      • Other Bank Deposit Bond Certificates defined by Us as Valuable Documents.
   4. Goods that exceed the vehicle's carrying capacity.

5. UNDELIVERED GOODS

   1. Goods that cannot be delivered because the recipient of the Goods cannot be found at the recipient’s address is not Our responsibility. We do not provide safekeeping services in any form for You or the sender of the Goods.
   2. If the Driver Partner hands over the undelivered Goods as stipulated in Article 5(a) to Us, the User can retrieve the undelivered Goods within 30 (thirty) calendar days from the date of the transaction between the User and the Driver Partner in our nearest office ("Period of Goods Retrieval"). If the undelivered Goods are not retrieved during the Period of Goods Retrieval, then the expiration of the Period of Goods Retrieval is your express statement that the Goods have been transferred and handed over to Us and therefore We have the right to, without Your prior consent, take actions that we deem appropriate for the Goods (including but not limited to donating, selling, destroying or disposing of the Goods).
   3. In the event that the undelivered Goods as provided in Article 5(a) are not Your property and We understand that the undelivered Goods have not been taken by You or your representative after the Period of Goods Retrieval has expired, You are deemed to have intentionally grant Your consent to transfer the ownership of the Goods to Us as set forth in this Article. The event of the transfer of Goods is Your responsibility. You acknowledge that You will hold Us harmless from any issue that occurs between You and the owner of the undelivered Goods.

6. USER’S REPRESENTATION AND WARRANTY

   1. The representations and warranties of the User as stipulated in Article 6 are in addition to the representations and warranties provided by the User as contained in the Gojek Terms of Use. There are no provisions in this Article 6 that reduce or limit the applicability of the representations and warranties provided by the User in the Gojek Terms of Use.
   2. You represent and warrant that You know and understand the risks of sending Goods using GoSend Services and: a. if You are the sender of Goods, You are the person authorized to deliver Goods and b. if You are the recipient of the Goods, you are the person authorized to receive the Goods.
   3. In the event that You experience loss or problems during the provision of GoSend Service, We will, with Our best efforts, help bring You together with the relevant Driver Partner in seeking solutions for the problem. We do not have any obligation for any problems or disputes that arise between You and the Driver Partner, including for taking legal action as deemed necessary by You or the Driver Partner.
   4. The Driver Partner has the right to refuse Your GoSend Service request if the Driver Partner has reasonable reasons to suspect that You have, or by accepting an order from You, You will violate the GoSend Terms of Use, the Gojek Terms of Use or applicable laws and regulations.