ZOOM is a technology platform that brings together service providers including couriers & movers with customers who are using the Service (as defined below) (the “Customers”) provided by LIMITED company registration number, registered at, email firstname.lastname@example.org (the “Company”, “we, “us” or “our”, as the context requires).
ZOOM is a technology company that does not directly provide delivery and moving services and the Company is not a transportation and delivery provider. It is up to the drivers or movers (the “Delivery Providers”) to accept your delivery services and it is up to you (references to “You”, “Your” or “User” shall mean references to each visitor to the Website (as defined below), as the context requires) to accept their request for your delivery (the “Delivery Request”). The service of the Company is to link you with the Delivery Providers (the “Service”) through the use of an application supplied by ZOOM and downloaded and installed by you on your single mobile or tablet device (the “Application”), but does not nor is it intended to provide delivery services or any act that can be construed in any way as an act of a Delivery Provider. The Company is not responsible nor liable for the acts and/or omissions of any Delivery Provider and/or any delivery or moving services provided to you.
These terms and conditions (the “User Terms”) govern your use of our web site at http://220.127.116.11 (the “Website”) and your relationship with us (the “Contract”), the Service and the Application, as well as to all information and/or services provided to you on or through the Website, the Service and the Application.
Please read these User Terms carefully as they affect your rights and obligations under the law. If you do not agree to the User Terms, please do not register for or use the Website.
- USE OF THE WEBSITE/APP
- The Website/App is provided to you for your personal use subject to the User Terms. By using the Website/App you agree to be bound by the User Terms.
- You must be 18 years old and over and must complete the registration process in order to participate in our Service.
- In order to submit a Delivery Request, we will require your contact number so that we can contact you to facilitate a delivery, if required.
- YOUR USE OF ZOOM
- You warrant that you are either the owner or the authorised agent of the owner of the goods, items or parcels to be delivered to or by the Delivery Providers (the “Delivery Items”), and that you are authorised to accept and is accepting these User Terms not only for yourself but also as agent for and on behalf of the owner of the Delivered Items.
- It is your responsibility to package your Delivery Item for delivery appropriately. We will not accept liability for damage or breakage caused by poor packing which contravenes these requirements. Further, we will not accept Delivery Items which in the opinion of Delivery Providers are inappropriately packed, or disparate loose unpacked Items. Delivery Requests rejected on this basis will not be eligible for refund. The Customer shall ensure that the Delivery Item is adequately packed so as to protect against damage to the Delivery Item during the course of delivery.
- (In the case of a Delivery Item of a fragile nature) that the Delivery Item shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Delivery Item is guarded against damage that may result from any force, pressure or blows to which postal items are ordinarily subject during the course of delivery and that such Delivery Item shall bear the words “FRAGILE” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
- (In the case of a Delivery Item which is susceptible to damage by bending) that the Delivery Item shall be packed in a case or container of sufficient durability and strength to prevent the Delivery Item from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words “DO NOT BEND” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
- The User shall provide in respect of each Delivery Item all necessary information (the “Delivery Information”), including without limitation:
- the User’s name, address (including the postal code and unit number) and telephone number;
- the addressee’s name, delivery address (including the postal code and unit number) and telephone number;
- provide an least an image of the item if it is non flat so that delivery driver knows what items they are picking up and size of item; and
- Special precautions to be taken in respect of the Delivery Item e.g. “FRAGILE”, “PERISHABLE”, “DO NOT BEND” etc.;
- The User warrants that he or she has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Delivery Items. The User shall not dispatch and Delivery Providers reserve the right to refuse any Delivery Item that is prohibited by law, dangerous or hazardous materials, perishable substances and radioactive material, without limitation:
- Explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not);
- Human or animal remains;
- Live animals;
- Share, certificates or other documents evidencing title to securities or real properties;
- Original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you;
- Precious metals and stones;
- Illegal narcotics or drugs; and
- Any Delivery Item (or its contents thereof) of a value exceeding RP885,000.00.
- The User is liable for any loss or damage suffered by any third party as a result of any breach of the terms. Delivery Providers will not open and inspect the Delivery Items, and shall bear no responsibility in any legal liability resulting from the transportation of the Delivery Items.
Every delivery is transported on a limited liability basis. In the event, declaration of goods is false, incomplete or incorrect, items may lead to legal prosecution against the sender. Zoom will not be responsible or liable for any item(s) held by custom/authorities. Under no circumstances will Zoom accept any form of liability from incorrect,false or incomplete declaration.
- In the event a Delivery Request is not completed because the Delivery Provider was late to reach the recipient for reasons that are not the Customer’s responsibility, and not described as circumstances outside our control, ZOOM’s Customer Service will contact the Customer to arrange redelivery, at a anominal fee.
- In the event that the recipient is found to be absent from the address specified by you and no other person is present to take the Delivery Item(s), the Delivery Provider will contact you as the Delivery Requester to request further instructions on how to proceed. In the event you cannot be contacted either; you authorize us to decide on your behalf as we deem appropriate. You acknowledge that additional charges might arise as a result of Delivery Request completion failure due to missing recipient (e.g. cancellation fee, additional waiting time, new Delivery Request).
- We shall use the Delivery Information to process your Delivery Request, including, but not limited to, generating a list of Delivery Services (references to “Delivery Service” refers to service for delivery of the Delivered Item, as the context requires) available for the Delivery Request, as well as a quotation for the related cost or price for each specific delivery of the Delivery Item(s) (the “Delivery Price”). Quotations will be valid for at least 15 minutes, after which you may need to re-submit the request along with the Delivery Information to obtain new Delivery Services and prices.
- Your Delivery Request is deemed completed upon receipt by us of proof of delivery by signature in electronic form or by other evidence such as the Delivery Provider’s confirmation of delivery.
- The Delivery Item(s) will be delivered to the specified Delivery address in the Delivery Information, but not necessarily to the named recipient personally. Nonetheless, the name of the actual recipient of the Delivery Items will be captured together with his/her unique QR code and/or signature upon delivery by the Delivery Provider using the ZOOM driver mobile app.
- The Delivery Requester and the recipient will be able to track the Delivery Request status on ZOOM’s platform until Delivery Request is completed. Tracking will be possible on the Delivery Item(s) level, but not on the item inside the Delivery Item. You should keep track of what items are inside each Delivery Item.
- By using the Application or the Service you further agree that you will not use the Website/App for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
- causing nuisance, annoyance or inconvenience whilse using the Website/App; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Additional RP35,400 will be imposed for every block of 10 minutes waiting time.
We may suspend or terminate the Contract and cancel your registration should you not comply with any of the terms under Clause 3 above or we may also terminate the Contract and cancel the registration without cause by giving you 7 days’ notice in writing by email to your registered email address.
- CHARGES AND PAYMENT
- It is free to download and use ZOOM driver and customer app.
- Once a delivery method and starting point/end point has been entered into the app / Website, it will provide Users with the Delivery Price. By confirming the Delivery Request, you accept to pay the Delivery Price quoted.
- Customers will pay the Delivery Charges via our secure mobile payment site.
- No cancellation is allowed once a user taps on the “CONFIRM DELIVERY” button for movers or couriers to be confirmed.
- Cancellation fee will apply to the Customer if Delivery Request is cancelled after it has been confirmed. This may apply where cancellation takes place when the Delivery Provider is on the way to collect the Delivery Item(s) from the Customer, or when the Delivery Provider is delivering the Delivery Item(s) to the recipient.. The cancellation fee will be 50% of the Delivery Price of the respective Contract.
- LOSS OF OR DAMAGE
- In the event that the Delivery Providers or the Company discovers that there has been loss of or damage to the Delivery Item, the Company or the Delivery Providers shall notify the Customer of such loss or damage within a reasonable period from such loss or damage and shall seek instructions from the User with respect to the appropriate action to be taken. The Company reserves the right to decline to accept any further instructions for any reason whatsoever.
- In the event that the Customer does not provide further instructions regarding the appropriate action to be taken within a reasonable period of us notifying the Customer of the loss or damage, we shall take such action in relation to the Delivery Item as we deem appropriate, including without limitation, re-delivery of the Delivery Item to the Customer or retention of the Delivery Item, and shall notify the Customer of the same.
- All costs arising from further action taken in relation to the Delivery Item in accordance with Clauses 6.1 and 6.2 above shall be borne by the Customer, unless the loss or damage to the Delivery Item was caused by our gross negligence in which case Clause 7 below shall apply.
- LIMITATIONS AND EXCLUSIONS OF COMPANY’S LIABILITY
- We shall not be liable for loss or damage arising from or in connection with:
- the delivery of any of the Delivery Items set out in Clause 3.5.4 and 3.6;
- the User’s failure to specify any special precautions to be taken in respect of a Delivery Item, as required under Clause 3.3 and 3.4, on the address label, consignment note, waybill and/or invoice;
- the misalignment, wear and tear, dearrangement, heat, mold, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
- delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item;
- our failure to perform any of our obligations hereunder as a consequence of circumstances outside our control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, epidemics or other events of force majeure; or
- any acts or omissions of any party other than us, including and without limitation the User, the named addressee, any government official or any sub- contractor engaged by us (whether or not the User had notice of any arrangement between ZOOM and such sub-contractor).
- Although we will endeavour to deliver your Delivery Items within the indicated timeframe, any delivery times stated or agreed or represented are estimates only. Delivery times may be affected by a number of factors, including those outside of our control such failure of equipment, bad weather and/or traffic conditions. While timely delivery is an important commitment, we place equal importance in ensuring the safety of the drivers / riders, and the due observance of traffic regulations.
- We shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the Delivery Item or from the use or the inability to use the Website, the Service or the Application.
- We shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
- For the avoidance of doubt, we shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by us for delivery.
- Notwithstanding Clause 6.3 above, the parties agree that the Company’s liability for any loss of or damage to any Delivery Item shall be limited to the declared value of the Delivery Item or RP885,000.00 whichever is the lower.
- We shall not be liable for loss or damage arising from or in connection with:
- Our promotions may be introduced from time to time at our sole discretion. All promotions provided are subject to the prevailing regulatory requirements. We reserve the right to revise, suspend or terminate these requirements or User Terms at any time and we may withdraw the offer at our discretion without prior notice.
- By accepting the User Terms and using the Service and the Application, the User shall indemnify the Company and keep the Company indemnified against all demands, claims, action, proceedings, costs, charges or expenses including but not limited to penalties, storage charges, retrieval and administrative costs, duties and taxes incurred, suffered or sustained by us in connection with the Service we have provided.
Any complains for damaged or loss items must be reported to Zoom within seventy two (72) hours upon receipt of the said item. Complains must be accompanied with proper and adequate proof that Zoom caused the damage or loss of the said item.
Zoom has the right to inspect and verify all complains. Zoom also reserves the right to not entertain any claim submitted after seventy two (72) hours upon receipt of the said item.
To complain, please call 021-390 7901 during business hours from 9AM to 7PM from Monday to Friday, or alternatively email email@example.com and all responses will approximately take 24 hours.
- We may update the User Terms from time to time which will apply to the use of the Company site at via “www.zoomitnow.co” and such changes shall be binding on the User upon posting.
- If any provision of the Driver Terms is found to be invalid or unenforceable in whole or in part by any tribunal, court or competent authority, the other provisions shall remain valid and continue to apply to the parties.
- We reserve the right to revise the User Terms at any time without prior notice.
- These User Terms shall be governed by and construed in accordance with the laws of Indonesia.
- The User submits to the non-exclusive jurisdiction of the courts of Indonesia.