GOJEK

User Terms of Use

GOJEK USER TERMS OF USE


  1. About these Terms of Use

    Please read these Terms of Use carefully. This is an electronic agreement and by registering for or using any part of the System, You confirm that You have read, understood, accepted and agreed with these Terms of Use and will be bound by them. If You do not agree to be bound by these Terms of Use, You may not access or use any part of the System. These Terms of Use constitute a binding legal agreement between You, an individual User (“You” or “Your”) and Velox Digital Singapore Pte. Ltd. (UEN 201812927R), with offices at 8 Shenton Way, #39-03/08 AXA Tower, Singapore 068811 (“GOJEK”). If applicable, Your use of the System as a Transportation Provider will be governed by the GOJEK Driver Services Agreement here.


  2. About GOJEK

    GOJEK is a technology services company. It provides a system to connect individual drivers, vehicle operators or service providers with Users. GOJEK does not provide transportation services, nor act as a transportation carrier or provider, courier, postal services provider, delivery services provider, food and beverage supplier or operator, taxi or private hire operator, nor act as an agent for any such person or entity. All Transportation Services are provided directly to You by the Transportation Provider, who is an independent, third party contractor, carrying out business on his/her own account, not under the employment of any GOJEK Group Company.


  3. Definitions and Interpretation
    1. 3.1      In these Terms of Use, the following terms have the following meanings:

      1. Account means the registered account You obtain to access the System as a User;

      2. Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly;

      3. Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of these Terms of Use;

      4. Driver Application means the electronic application supplied by GOJEK and/or GOJEK Group Companies for Transportation Providers to connect with Users;

      5. GOJEK Credits means the credits that You may be entitled to use via the User Application;

      6. Group Companies means a person and its Affiliates (and Group Company will be construed accordingly);

      7. Local Terms means the supplementary or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by GOJEK from time to time and as set out here;

      8. Mobile Device is the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the User Application;

      9. Policies means any policies, guidelines or directions applicable to Users, as notified to You by GOJEK from time to time, and as may be updated by GOJEK from time to time, including as located here;

      10. Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the System and/or Transportation Services, as may be notified to You from time to time;

      11. System means the system provided by GOJEK to connect Transportation Providers with Users, including the Driver Application, the User Application and related software, websites, platforms, payment services and other support systems and services, including the Websites. For the avoidance of doubt, the System provided by GOJEK does not include the Transportation Services themselves, as these are provided by Transportation Providers directly to You;

      12. Terms of Use means these GOJEK User Terms of Use, all applicable Local Terms and all applicable Specific Terms;

      13. Territory means the territory in which You use the Transportation Services;

      14. Transportation Provider means the independent third party service provider who offers Transportation Services having been connected to You via the System;

      15. Transportation Services means the transportation services provided by Transportation Providers when they are connected to You via the System, which may, depending on Your Territory, include instant courier services, transportation services, food delivery services, personal shopping services, and other services available from Transportation Providers via the System from time to time;

      16. User means a registered end user of the User Application;

      17. User Application means the electronic application supplied by GOJEK and/or GOJEK Group Companies for Users to connect with Transportation Providers;

      18. User Fees is defined in clause 8.2;

      19. Vehicle means the vehicle used by a Transportation Provider for the purpose of providing Transportation Services; and

      20. Websites means any websites operated by GOJEK Group Companies from time to time.

    2. 3.2      In these Terms of Use (except where the context otherwise requires): (a) a reference to “writing” does not include email unless otherwise specified; and (b) any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression is illustrative and does not limit the meaning of the words preceding those terms. These Terms of Use are drafted in the English language. If these Terms of Use are translated into another language, the English language text will prevail. In the event of any inconsistency, the following order of precedence applies: first, (i) the Local Terms; then (ii) the Specific Terms; and finally (iii) the other parts of these Terms of Use.

  4. Your responsibilities

    Your commitments to GOJEK

    1. 4.1      You confirm that:

      1. 4.1.1 You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your obligations under these Terms of Use;

      2. 4.1.2 You have attained at least the age at which You are capable of being legally bound by these Terms of Use by Applicable Law in the Territory;

      3. 4.1.3 You will comply at all times with all Applicable Laws and the Policies, and will notify GOJEK if You are in breach of any Applicable Laws or the Policies;

      4. 4.1.4 You will only use the System for lawful purposes and only for the purposes for which it is intended to be used;

      5. 4.1.5 You shall ensure that any documents and information provided by You (or on Your behalf) to GOJEK or otherwise via the System are at all times accurate, current, complete and not misleading;

      6. 4.1.6 You shall only use an internet access point and data account which You are authorised to use;

      7. 4.1.7 You shall not engage in any fraudulent, deceptive or misleading conduct; and

      8. 4.1.8 You shall not impair or circumvent the proper operation of the network which the System operates on.

    Your interactions with Transportation Providers and other Users

    1. 4.2      Your order for Transportation Services from Transportation Providers creates a direct relationship between You and the Transportation Provider, to which GOJEK is not a party. To the maximum extent permitted by Applicable Law, GOJEK is not responsible or liable for the acts or omissions of a Transportation Provider in relation to You. You have the sole responsibility for any obligations or liabilities to Transportation Providers or any other third parties that arise from Your use of the Transportation Services.

    2. 4.3      You agree:

      1. 4.3.1 to treat Transportation Providers and other Users with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Transportation Services or the System;

      2. 4.3.2 not to cause any damage to third party property; and

      3. 4.3.3 not to contact Transportation Providers for purposes other than to receive and use the Transportation Services

    3. 4.4      The Transportation Provider has sole discretion whether to accept or reject requests for Transportation Services for any reason. Without limiting the foregoing, the relevant Transportation Provider reserves the right to refuse accepting Your order if it has reasonable grounds to suspect a violation of these Terms of Use, the Policies or Applicable Law.

    4. 4.5      For the avoidance of doubt, GOJEK does not endorse any third party providers (including the Transportation Providers), applications or websites that are available or to which You are connected through the System, and in no event shall GOJEK, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers. Any Transportation Provider ratings are intended to be indicative of ratings provided by other Users but do not constitute an endorsement (or otherwise) by GOJEK of that Transportation Provider.

    Complaints

    1. 4.6      Although the Transportation Provider is solely responsible for the Transportation Services, if You have a complaint about the Transportation Services You have received, GOJEK has the right to deal with any such complaints through GOJEK’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the User Application. GOJEK also reserves the right to redirect Your complaint to the relevant Transportation Provider and may choose, but is not obliged, to facilitate discussions with the Transportation Provider. GOJEK’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.

    2. 4.7      If GOJEK receives a complaint from a Transportation Provider or another person about You, GOJEK has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.

  5. Your Account

    1. 5.1      In order to access the System as a User, You must register for and maintain an Account as a user of the User Application.

    2. 5.2      You are responsible for all activities conducted on Your Account. You:

      1. 5.2.1 must only have one Account;

      2. 5.2.2 must keep Your Account information (including Your login details and payment details) confidential and secure;

      3. 5.2.3 must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person;

      4. 5.2.4 must promptly notify GOJEK if You suspect any unauthorised access to or use of Your Account; and

      5. 5.2.5 must not, if You are also a Transportation Provider, use Your Account to make an order as a User that You will accept as a Transportation Provider, or otherwise collaborate with other Transportation Providers or Users in any similar scheme.

    3. 5.3      GOJEK reserves the right to block or deny access to Your Account, and/or block features available in the User Application, without prejudice to its other rights and remedies:

      1. 5.3.1 if GOJEK deems, in its sole discretion, that You have violated any term of these Terms of Use;

      2. 5.3.2 during an investigation;

      3. 5.3.3 if You owe any money to GOJEK or its Group\ Companies;

      4. 5.3.4 if these Terms of Use are terminated for any reason; or

      5. 5.3.5 at any other time in GOJEK’s reasonable discretion.


  6. Your use of the System

    Rights granted and reserved

    1. 6.1      Subject to Your compliance with these Terms of Use, GOJEK and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of these Terms of Use and in the Territory, to access and use the System solely for Your personal use for the purpose of connecting You with Transportation Providers in respect of Transportation Services.

    2. 6.2      All rights not expressly granted to You under these Terms of Use are reserved by GOJEK and its licensors. Nothing in these Terms of Use transfers any ownership in or to the System (in whole or in part) to You.

    Prohibited conduct

    1. 6.3      In using the System, You shall not:

      1. 6.3.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way;

      2. 6.3.2 modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason;

      3. 6.3.3 use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorised access to the System or related systems or networks;

      4. 6.3.4 use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System;

      5. 6.3.5 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System;

      6. 6.3.6 send or store any material for unlawful or fraudulent purposes;

      7. 6.3.7 send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience or make fake bookings;

      8. 6.3.8 send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material;

      9. 6.3.9 send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

      10. 6.3.10 interfere with or disrupt the integrity or performance of the System or the data contained therein;

      11. 6.3.11 impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;

      12. 6.3.12 deliberately misrepresent Your location; or

      13. 6.3.13 damage GOJEK’s or any of its Group Companies’ reputation in any way.

    Restrictions on Your use of Transportation Services

    1. 6.4      You shall not use Transportation Services to:

      1. 6.4.1 commit a crime or do anything contrary to Applicable Law; or

      2. 6.4.2 harm or injure another person or infringe another person’s rights.

    2. 6.5      Where the Transportation Services involve a Transportation Provider transporting, obtaining or purchasing items on Your behalf, You agree and grant to the Transportation Provider the full power and authority necessary for the Transportation Provider to do so.

    3. 6.6      Transportation Providers are required to agree that they will be careful and provide the Transportation Services safely. However, You are ultimately responsible for Your own safety in Your use of the Transportation Services, and You shall take all necessary precautions.

  7. Your Mobile Device

    1. 7.1      Your access to the User Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the User Application) for Your Mobile Device. GOJEK is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the User Application) for Your Mobile Device.

    2. 7.2      If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects GOJEK’s legal rights and/or remedies, You must immediately notify GOJEK and follow the procedures notified by GOJEK.

    3. 7.3      You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.

  8. Financial terms

    User Application

    1. 8.1      The download and/or use of the User Application is provided for You to use the System and is provided on a royalty-free basis.

    User Fees
    1. 8.2      Transportation Providers are entitled to charge You a fee for the Transportation Services, which may include:

      1. 8.2.1 a fee for each instance of Transportation Services;

      2. 8.2.2 any tolls, road-usage charges, parking charges, and building or area entrance charges necessarily incurred by the Transportation Provider when You or the goods are on- board the Vehicle during (but not before or after) such provision of Transportation Services (without mark-up);

      3. 8.2.3 any applicable cancellation charges; and

      4. 8.2.4 any applicable taxes calculated in accordance with Applicable Law

      5. (together, the User Fees). The fee for each instance of Transportation Services, any cancellation charges and/or taxes (as applicable) will be calculated via the User Application and all other charges will be manually entered by the Transportation Provider into the Driver Application (without mark-up) and are payable by You via the User Application or otherwise in accordance with the Policies. You have the right to agree with the Transportation Provider on a different fee for provision of the Transportation Services, such agreed fee to be applied only after notification to GOJEK and reflected as the fee for Transportation Services in the Driver Application.

    2. 8.3      The fee component of User Fees may increase based on demand and other factors in Your location. GOJEK will always endeavour to inform You about any such increase via the User Application and it is Your responsibility to review the User Fees (or the basis on which they will be calculated) carefully before electing to purchase Transportation Services. You will be deemed to be aware of, and You accept responsibility for, all User Fees incurred under Your Account.

    3. 8.4      GOJEK may update the basis on which User Fees are calculated via the System at any time in its absolute discretion. Any User Fees on or after the date on which the update takes effect shall be subject to the updated calculation.

    4. 8.5      The User Application may provide You with an option to cancel certain Transportation Services before such Transportation Services commence. If You choose to do so, You may be required to pay a cancellation charge.

    5. 8.6      When using Transportation Services, You must make Yourself available at the relevant location by the relevant time specified via the User Application. If You fail to do so, the Transportation Provider is entitled to cancel the Transportation Services and You may be charged a cancellation charge.

    6. 8.7      You acknowledge and agree that GOJEK may, to the extent permitted by Applicable Law, adjust or cancel the User Fees payable in connection with a particular instance of Transportation Services, acting reasonably (for example, where GOJEK determines that there is an error in the original calculation, that You have not complied with these Terms of Use, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint)

    Promotions

    1. 8.8      In order to promote usage of the System, GOJEK may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to GOJEK’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.

    Payments

    1. 8.9      You must pay the User Fees using the payment methods offered via the User Application from time to time, including (where applicable) by cash, credit or debit card or by using GOJEK Credits.

    2. 8.10      Where You choose to pay the User Fees via the User Application, You grant to GOJEK the full power and authority to debit the relevant amount of User Fees using Your registered payment method and remit the money on Your behalf to the Transportation Provider, after deduction (where applicable) of the relevant amounts by GOJEK in accordance with its arrangements with the Transportation Providers.

    3. 8.11      All payments must be in the local currency in the Territory.

    4. 8.12      If GOJEK Credits are available in Your Territory, Your use of GOJEK Credits may be subject to Specific Terms and Local Terms. Please check these carefully before using GOJEK Credits. GOJEK may at its absolute discretion reject Your request to purchase GOJEK Credits for any reason. For the avoidance of doubt, GOJEK Credits are not redeemable for cash, are not refundable under any circumstances and cannot be resold or exchanged for value.

    Taxes

    1. 8.13      These Terms of Use shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.

    2. 8.14      You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend GOJEK to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Transportation Services.

  9. Indemnities and liability

    Indemnities

    1. 9.1      You shall defend, indemnify and hold harmless GOJEK, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

      1. 9.1.1 Your breach of any term of these Terms of Use or any Applicable Law; and

      2. 9.1.2 Your use of the System and/or the Transportation Services, including:

        1. (a) any claim by You or a person acting on Your behalf that any GOJEK Group Company, rather than a Transportation Provider, is the provider of the Transportation Services;

        2. (b) any third party claims (including claims by any Transportation Providers) arising from Your use of the System and/or the Transportation Services; and

        3. (c) in respect of any items that You purchase, obtain and/or transport using the Transportation Services.

    Basis on which the System is provided

    1. 9.2      The System is provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, GOJEK disclaims all representations and warranties, express, implied or statutory, save as expressly set out in these Terms of Use, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill, and non-infringement.

    2. 9.3      Without limitation to clause 9.2, GOJEK makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.

    3. 9.4      GOJEK does not provide and is not responsible for providing or ensuring the provision of the Transportation Services. GOJEK does not guarantee the quality, suitability, safety or ability of the Transportation Providers or any other third party providers.

    4. 9.5      The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the Transportation Provider being faulty, not connected, out of range, switched off or not functioning. GOJEK is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

    5. 9.6      Timelines specified for Transportation Services are, unless expressly agreed otherwise by GOJEK in writing, indicative. Neither GOJEK nor the Transportation Providers make any warranty, representation or undertaking that specified timelines will be met.

    Exclusions and limitations of liability

    1. 9.7      Nothing in these Terms of Use limits or excludes a party’s liability for death or personal injury caused by such party’s negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.

    2. 9.8      To the maximum extent permitted by Applicable Law, GOJEK shall not be liable for:

      1. 9.8.1 indirect, incidental, special, exemplary, punitive or consequential damages;

      2. 9.8.2 loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and

      3. 9.8.3 personal injury or property damage,

      4. arising from, related to or otherwise in connection with the System or the Transportation Services, whether in contract, tort, breach of statutory duty or otherwise.

    3. 9.9      To maximum extent permitted by Applicable Law, and unless otherwise specified in the Specific Terms, in no event shall GOJEK’s maximum aggregate liability arising under and in connection with the System, the Transportation Services and/or these Terms of Use, whether in contract, tort, breach of statutory duty or otherwise, exceed the User Fees paid by You to GOJEK in connection with the first event giving rise to a claim under these Terms of Use.

    4. 9.10      Unless otherwise specified in the Specific Terms, any claims You have against GOJEK under or in connection with the System, the Transportation Services or these Terms of Use must be notified to GOJEK within one (1) year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.

  10. Term and termination

    1. 10.1      These Terms of Use shall continue until terminated in accordance with their terms.

    2. 10.2      GOJEK may terminate these Terms of Use, and/or suspend or terminate Your use of the System in whole or in part:

      1. 10.2.1 at any time for any reason by giving notice to You; and

      2. 10.2.2 immediately, with or without notice, if You are in breach of any term of these Terms of Use, without prejudice to GOJEK’s other rights and remedies.

    3. 10.3      You are under no obligation to use the System and may cease using them at any time by permanently deleting the User Application from Your Mobile Device, thus disabling Your use of the User Application. These Terms of Use are automatically terminated when You permanently delete the User Application from Your Mobile Device.

    4. 10.4      On termination or expiry of these Terms of Use for any reason, You shall:

      1. 10.4.1 promptly (and in any event within three days), pay any money owed to GOJEK (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Transportation Services ordered by You prior to termination or expiry; and

      2. 10.4.2 immediately delete and fully remove the User Application from Your Mobile Device.

    5. 10.5      The parties shall have no further obligations or rights under these Terms of Use after termination of the Terms of Use, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of clauses 2, 3, 8.13, 8.14, 9, 10, 11, 12 and 13, of these Terms of Use and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms of Use.

  11. Privacy

    1. 11.1      You agree and consent to GOJEK using and processing Your personal information as set out in the Privacy Policy here, as amended from time to time.

  12. Disputes

    1. 12.1      These Terms of Use (and any and all disputes arising out of or in connection with these Terms of Use (including any alleged breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Singapore unless the law in Your Territory requires otherwise, in which case the governing law of these Terms of Use shall be that of Your Territory.

    2. 12.2      Any and all disputes arising out of or in connection with these Terms of Use will be finally settled by binding arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (“Rules”) (which Rules are deemed to be incorporated by reference into these Terms of Use) by one arbitrator, appointed in accordance with the Rules. The arbitration will take place in Singapore and the language of the arbitration will be English.

  13. General

    1. 13.1      GOJEK shall not be liable for delay or failure in performance resulting from causes beyond GOJEK’s reasonable control.

    2. 13.2      You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of GOJEK or any of its Affiliates.

    3. 13.3      GOJEK may amend these Terms of Use at its sole discretion from time to time. GOJEK will use its reasonable endeavours to notify You of any material changes to the Terms of Use; however You agree that it is Your responsibility to review the Terms of Use regularly and Your continued use of the System will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of these Terms of Use will be binding on the parties unless made in writing by the parties.

    4. 13.4      The rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.

    5. 13.5      These Terms of Use constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.

    6. 13.6      You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under these Terms of Use without GOJEK’s prior written consent. GOJEK may at any time assign, sub-license, transfer, subcontract or otherwise dispose of its rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).

    7. 13.7      If any Court or relevant authority determines that any part of these Terms of Use is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms of Use.

    8. 13.8      A person who is not a party to these Terms of Use has no right to rely upon or enforce any term of these Terms of Use.

    9. 13.9      GOJEK may give notice to You by means of a general notice published on the User Application or the Website or to Your email address set out in Your Account. You must give notice to GOJEK by email to support.sg@gojek.com.

  14. SPECIFIC TERMS AND CONDITIONS FOR THE USE OF GOCAR

    1. Additional definitions

      The definitions and rules of interpretation set out in the Terms of Use apply to these Specific Terms. In addition:

      GOCAR means the Transportation Service provided by the Transportation Provider using a four-wheel motorised Vehicle to transport a User from a pick-up location to a destination location designated by the User.


    2. Additional terms for GOCAR

      1. 2.1      GOJEK does not guarantee that GOCAR will be available in Your Territory.

      2. 2.2      GOCAR is not intended for use in transporting goods or other items. If You wish to transport goods or other items, You are encouraged to use GOSEND or another applicable service.

      3. 2.3      You must not eat, drink or smoke in the Vehicle.

      4. 2.4      Transportation Providers are required to agree that they will be careful and provide the GOCAR services safely. However, in accordance with the Terms of Use, You as the user of GOCAR service shall be liable for Your own safety and if You feel uncomfortable with the manner in which the Transportation Provider drives his/her Vehicle, You are encouraged to remind the Transportation Provider to be more careful.

      5. 2.5      You and any other passengers must wear the seat belts provided by the Transportation Provider during the trip using the GOCAR service. If no seat belt is available, You should cancel Your order and notify GOJEK

      6. 2.6      You undertake that the number of passengers at a time does not exceed the capacity of passengers permitted for the type of four-wheel Vehicle driven by the Transportation Provider. The Transportation Provider is entitled to decline or cancel Your order if the Transportation Provider finds that the number of passengers will exceed the permitted capacity of passengers.

      7. 2.7      You must not interfere with the Transportation Provider’s ability to operate the Vehicle safely.

      8. 2.8      If You allow a person other than Yourself to use a GOCAR service requested by You via the User Application (whether or not accompanied by You), You shall be responsible for the safety of such person. You shall ensure that any minors using the GOCAR service are accompanied by an adult. Unless and to the extent that a GOJEK service feature provides that GOJEK or the Transportation Provider will provide an infant or child seat, You are solely responsible for providing the infant or child seat as required by Applicable Law.

      9. 2.9      Vehicle descriptions are indicative only. To the maximum extent permitted by Applicable Law, GOJEK does not guarantee that the Vehicle will match its description.

      10. 2.10      Pick-up and drop-off locations are approximate. The Transportation Provider may elect to pick You up or drop You off at an alternative location nearby where the Transportation Provider reasonably determines that it is dangerous or it is prohibited by Applicable Law to pick You up or drop You off at the original location.