WARESIX TERMS OF USE

As a Business to Business (B2B) logistics service provider, Waresix has terms of use for Waresix’s Website and App. This is so that you and Waresix understand each other’s rights and obligations in utilizing Waresix’s Website and App (“Terms”).

These Terms shall serve as a legally binding agreement between you and Waresix. By continuing to access Waresix’s Website and App, you are deemed to have read, understood, accepted and agreed to all of these Terms voluntarily.

Before you access or utilize the features available on the Waresix Website and/or App, you are encouraged to read these Terms thoroughly and carefully.

Your visit and use of the products and services available through the Website and/or App will be subject to the terms and conditions below:

A. DEFINITIONS

B. USE OF YOUR DATA ON THE WARESIX WEBSITE AND/OR APP

C. PROHIBITIONS FOR WEBSITE AND/OR APP USERS

D. PERSONAL DATA OF SERVICE USERS

E. RELATIONSHIP BETWEEN YOU AND WARESIX

F. INTELLECTUAL PROPERTY RIGHTS

G. DISCLAIMER

H. LIMITATION OF LIABILITY

I. INDEMNIFICATION

J. UPDATES AND CHANGES TO THE TERMS

K. GOVERNING LAW AND DISPUTE RESOLUTION

L. APPLICABILITY

M. CONTACT WARESIX

A. DEFINITIONS

1. Application or App” means a software that Waresix develops whether patented or not, which has rights to designs, inventions and/or other intellectual property including but not limited to copyright, trade secrets, trademarks, service marks and other intellectual property rights owned by Waresix, including but not limited to Trucking Management System (TMS) and Warehouse Management System (WMS), Transporter App (TA) and Driver App (DA) as may be amended from time to time.
2. “Content” means the matters and contents as covered in Terms letter F.
3. “Customer” means a person or business entity who visits or accesses the Waresix Website or App for the purpose of obtaining information or using the logistics services provided by the Partner and Waresix.
4. “Partner” means a third-party partner of Waresix including but not limited to agents, vendors, suppliers, contractors, sub-contractors, and other parties who provide services to Waresix to perform tasks and/or represent Waresix in connection with the provision of services through Waresix’s Website and Application.
5. “Personal Information” means information about you that Waresix personally captures through the Website and/or Application including but not limited to your name, address, date of birth, occupation, telephone /mobile number, bank account, e-mail address or any other information that can identify a specific individual or company that has or is using Waresix’s Website or Application.
6. “Privacy Policy” means Waresix’s policy on the preparation, collection, storage, use, disclosure and/or transfer of Personal Information belonging to Customers or Partners in accordance with the terms of the Privacy Policy contained in the following link.
7. “Service” means logistics services using a fleet offered by the Partner through the Website and/or App which may include transportation services, warehouse rental, and/or other services related to logistics services.
8. “Terms” means these Waresix Terms of Use as may be amended from time to time at Waresix’s discretion.
9. “Waresix” or “We” means PT Tiga Beruang Kalifornia, any limited liability company established under the laws of the Republic of Indonesia and its subsidiaries and/or affiliates whether located within the jurisdiction of Indonesia.
10. “Website” means the Waresix Website with the domain waresix.com.

B. USE OF YOUR DATA ON THE WARESIX WEBSITE AND/OR APP

The Website and App are digital platform that allows us to connect with you to inform you about the products and services provided by Waresix, this allows us to:

1. send Us pre-approved emails, SMS or other communications and receive a response from You (where this is possible by Our systems);
2. share information about products and services, the latest news about us, promotions, programs, offers and customers who have used Our products and services;
3. offer or direct you to register and use the Waresix Website and App as updated from time to time; and
4. allows you to be aware of updates to Waresix policies, including but not limited to these Terms and Our Privacy Policy.

To use these Website and App, please make sure that you are at least 18 (eighteen) years old or above or other applicable age of majority according to the laws and regulations in force in the Republic of Indonesia.

C. PROHIBITIONS FOR WEBSITE AND/OR APP USERS

You are prohibited from trying:

1. decompile, reverse engineer, disassemble or reduce the code used in any software on Our Website and/or App;
2. use any deep-link, page-scrape, spider robot crawl, index, internet agent or other automated device, program, algorithm or similar or equivalent method to use, access, copy, retrieve information, generate impressions, input information, store information, perform searches, generate lookups or monitor any part of the Website, Content, or material displayed on the Website and/or App;
3. use false, fraudulent, misleading or malicious information, impersonate another person or business entity or falsify your Personal Information or Personal Information belonging to another party; and
4. distribute viruses, worms or other harmful computer code, test the vulnerability of Our Website and/or App, cause security problems, damage, disable or overburden Our Website and/or App, or otherwise harm, destroy, disrupt, impair, obstruct or manipulate the functionality or integrity of Our Website and/or App.

If you are proven to have committed prohibited matters as mentioned above or there are allegations of abuse/fraud in the use of the Website and/or App, Waresix reserves the right to impose restrictive or anticipatory measures such as freezing access, closing accounts, and/or making demands and/or lawsuits in accordance with applicable laws and regulations to you, including also other reasonable anticipatory measures that have not been mentioned above.

D. PERSONAL DATA OF SERVICE USERS

1. You as a visitor to the Waresix Website and/or App agree that you shall provide true, complete, and accurate Personal Information in accordance with the actual circumstances to Waresix.
2. You also agree that the preparation, collection, storage, use, disclosure and/or transfer of your Personal Information by Waresix will follow the Waresix Privacy Policy which can be accessed at the following link. The Terms and Privacy Policy are subject to change at any time. Therefore, Waresix recommends that you periodically visit this Website to review the Privacy Policy and these Terms to stay informed of how Waresix manages your Personal Information.
3. The Privacy Policy as referred to is an integral and inseparable part of these Terms. By agreeing to these Terms, You are also deemed to have agreed to Our Privacy Policy.

E. RELATIONSHIP BETWEEN YOU AND WARESIX

The relationship created between You and Waresix is as a visitor and owner of the Website and/or App. These Terms only regulate matters concerning the use of the Website and/or App, any other Terms such as the use of logistics services that We provide and/or other products will be further regulated through other agreements that separate from these Terms.

F. INTELLECTUAL PROPERTY RIGHTS

The entire contents of Our Website and/or App, including but not limited to text, photographs, graphics, trademarks, service marks, logos, videos, sounds, user interfaces and programming code (collectively referred to as “Content”), are owned by Waresix or its licensors and are protected by copyrights, trademarks, service marks, patents and/or other intellectual property rights.

You may access and reproduce extracts from Our Website and/or App solely for your personal, non-commercial use provided that in any event you respect the integrity of the Content and retain copyright notices on Our Content, such as the PT TBK © 2022 All Rights Reserved mark.

No part of the Waresix Website and no Content may be used, copied, reproduced, republished, uploaded, publicly addressed, broadcast, encoded, translated, transmitted or distributed in any way onto any computer, server, website and/or medium for commercial purposes, without Waresix’s prior written consent. We will take firm action against any violation of our intellectual property rights in accordance with the provisions of the applicable laws and regulations.

G. DISCLAIMER

Waresix may change all or any part of its Website and/or App, including by adding, removing or changing any Content or materials and at any time at Waresix’s sole discretion. We may provide advance notice to you, but We are not obligated to do so.

Our Website and/or App will not be available at all times. We may change, suspend or withdraw operation of or access to the Waresix Website at any time in Our sole discretion, either temporarily or permanently, including for maintenance and other technical reasons. We may give You advance notice, but We are not obligated to do so.

As with all software-based services, We cannot promise that Our Website and/or App      are free from errors or bugs, so You and Waresix mutually understand that the occurrence of errors is possible.

We recommend that you take care to check the suitability and compatibility of your computer system before using the Waresix and/or App Website, including reasonable precautions to protect yourself from security issues, such as by installing anti-virus software. If you choose to download or copy material or Content from Our Website and/or App, you do so at your own risk. We will not be liable for any damage or viruses that may affect your computer equipment, devices or other property by reason of you accessing, using or downloading any material or Content from Our Website and/or App, or for any interference or illegal intervention in Our information technology systems.

The Waresix Website and/or App are dynamic environment and inaccuracies and errors may occur from time to time. The Waresix Website and/or App, its Content and materials will be delivered to you “as is” and “as available”. To the fullest extent permitted by law, We make no representations or warranties of any kind, express, implied, written or unwritten, or otherwise, including but not limited to warranties of accuracy, merchantability, and fitness for a particular purpose, non-infringement, any warranty that Our Website and/or App, Content or materials will be complete, accurate, trustworthy, timely, error-free, uninterrupted, secure or virus-free, or that any advice or opinion obtained from Waresix through this Website is accurate and reliable, and We exclude all conditions, warranties, representations and terms of any kind that may apply to your use of or reliance on Our Website, App, Content or materials.

H. LIMITATION OF LIABILITY

Waresix shall not be liable for any loss, damage or expense howsoever arising (including but not limited to negligence), whether direct or indirect in connection with the Website, Our materials or Content and your use of or reliance on the Website, App, Our materials or Content.

Except where prohibited by law, under no circumstances shall We be liable to You for any and all damages, costs, losses and/or losses incurred in connection with the use of the Website and/or App, including, but not limited to, loss of data, loss of profits or business interruption.

To the fullest extent permitted by applicable law, you expressly release Waresix, its officers, directors, employees and/or Partners from any claims that may arise from your use of or access to the Waresix Website and/or App.

I. INDEMNIFICATION

You agree to indemnify and hold Waresix, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, parent companies and affiliates harmless from any claim, loss, liability, demand or expense (including attorneys’ fees), made against Waresix by any third-party due to or arising out of or in connection with your use of Our Website and/or App or your violation of these Terms.

J. UPDATES AND CHANGES TO THE TERMS

We may update and change our Service and policies from time to time, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Waresix encourages you to review this page periodically for the latest information on the terms of this Term and any changes.    
     In the event of any changes to these Terms, your use of this Website, App, and Service after the changes take effect shall be deemed and constitute your agreement to any changes to these Terms imposed by Waresix.

K. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be subject to and construed under the laws of the Republic of Indonesia. Any and all disputes arising out of the use of the Waresix Website and/or App are subject to the jurisdiction of the South Jakarta District Court.

L. APPLICABILITY

These Terms constitute the entire agreement between you and Waresix in relation to your use of Our Website, App, Content and materials, and supersede any and all other written or oral agreements previously existing between you and Waresix concerning your use of Our Website, App, Content and materials. If any of the provisions of these Terms are held to be null and void or not legally binding by any court or other competent authority, such provision shall be modified or deleted to the extent necessary and replaced with a valid provision that most closely matches the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Waresix in enforcing in whole or in part these Terms shall not be construed as a waiver of any right or remedy Waresix may have.

M. CONTACT WARESIX

If you have any questions or complaints regarding this Website and/or App, then you may contact Waresix by e-mail to help@waresix.com.

This provision is effective as of the date of 12 September 2023.