GOFOOD TERMS OF USE

as of 12 April 2023

We thank you for Your trust in GoFood Service in the Gojek Application or any other application/site which can access GoFood Service. Please take Your time to read the whole Terms of Use of GoFood ("GoFood Terms of Use").

This GoFood Terms of Use is an integral part of the (i) Gojek Terms of Use as long as You are using the GoFood Service on the Gojek Application; and (ii) Terms of Use of any other application or site where You can access and use GoFood Service, You will be deemed to have read and agreed to the abovementioned of Terms and Conditions and this GoFood Terms of Use. Therefore, if You do not agree to part or all of the conditions of the GoFood Terms of Use, You may discontinue the use of GoFood Service.

1. GENERAL TERMS
   

   Unless specifically defined below and in other parts of GoFood Terms of Use, capital letters used in the GoFood Terms of Use must be interpreted in accordance with the terms in the Gojek Terms of Use.
   
   1. Outlet is restaurants, bistros, shop stalls, carts and/or other physical forms which are owned and managed by Merchants which are registered in GoFood Service.
   2. GoFood Service is one of the services available in the Gojek Application or any other relevant application or site as provided from time to time, where You can make Transactions in the Outlet.
   3. Courier Partner is a third parties or Our affiliates who are goods delivery service providers who cooperate with Us and/or Our affiliates, with their main role as one of the delivery service providers for GoFood Services which distributed through the Gojek Application or other relevant application or site.
   4. Driver Partner is inter alia (i) an independent third party Service Provider who agrees to be Our partner, or (ii) Courier Partner which cooperates with Us in partnership scheme, and is not Our employee, agent and/or representative.
   5. Merchant is the party that owns and/or manages Outlets which acts as provider of Products.
   6. Product is food and/or beverages that You order through GoFood Service at the Outlet You choose.
   7. Transaction is ordering, purchasing and delivering/picking up Products through GoFood Service.

2. ORDERING
   

   Unless otherwise specified in these GoFood Terms of Use or other terms and conditions specifically regulated in the Gojek Application or other relevant application/site, by using GoFood Services, You can place orders for Products instantly or on a scheduled basis with the Scheduled Order feature, which allows You to schedule Product orders and deliveries in advance in accordance with the provisions that apply to GoFood Services.
   Specifically for Scheduled Order, You can only place orders and cancel products according to the time limit We set.
   Products that You have ordered can be delivered by the Driver Partner or for self pick-up. Specifically for Scheduled Order, Your order can only be delivered by Driver Partner.
   You also agree that We may disclose Your personal data to the Merchant and Driver Partners for the purpose of providing GoFood Services to You.
   You agree and understand that every transaction through GoFood can be done in the following ways:
   
   1. The Driver Partner will follow up on Your order, including but not limited to, locating the Outlet, ordering directly at the Outlet, paying for and delivering Product.
   2. To minimize inaccuracy during the execution of Transaction by the Driver Partner, You are expected to provide full and complete details on the Product ordered and delivery information.
   3. You are responsible for ensuring that the details You enter in connection with the order and product delivery on the Gojek Application or other relevant application/site are accurate and complete. In the event that there are errors in the details provided by You, neither We nor the Driver Partner are responsible, including but not limited to errors in Product purchases, deficiencies in product quality and quantity, delays in delivery and/or non-receipt or delivery of the Product you ordered.
   4. You can contact and/or be contacted by the Driver Partner to obtain confirmation or clarification regarding Transaction, including but not limited to the availability and/or change of Product, Outlet location, change in Product price, delivery address, recipient of the Product, or other information, through the communication features provided in GoFood Services before or during ordering, purchasing and/or delivering the Product.
   5. Any cancellation of Your order can only be conducted by following the applicable cancellation process as set forth in GoFood Services. In the event the purchase of Product has been acknowledged by Merchant and/or picked up by the Driver Partner, You cannot cancel the Transaction. You will be liable for payment of the applicable fees either (i) upon receipt of the Transaction; (ii) if You are not present or do not appear at the specified delivery location to pick up the Product ordered to be delivered at the Product delivery location; (iii) You cannot be physically met or (iv) You cannot be contacted by the Driver Partner after the Driver Partner arrives at the specified delivery location.
   6. We will notify You if there is something that may result in your order not being carried out, including but not limited to if the Merchant’s Outlet closes at the time of your specified order.
   7. In the event that You place an order for alcoholic beverages, You guarantee that You are above 21 years old and are willing to show Your identity card (ID) to the Driver Partner at the time of delivery of the order at the delivery destination You designated or if You are using self-pick up service, then You must be able and willing to show Your identity card to the Merchant.
   8. Driver Partner or Merchant have the right to refuse to send or provide alcoholic drinks to anyone who, at the time of delivery or collection of orders, is deemed not to meet the age requirements. In such circumstances, You agree that We, the Merchant and/or Driver Partners will not be responsible for refunding payments made by You. If it turns out that You are under twenty-one (21) years, then You hereby promise that You will be fully responsible for bearing the legal consequences by yourself and releasing Us, the Merchant and/or Driver Partners, from all claims and other obligations, which arising from or in connection with purchasing or ordering alcoholic drinks made through Your Account either on the Gojek Application or other relevant application/site, including without limitation any liability arising from Your actions that trick or deceive Our system, Merchant and/or Driver Partner, related to the minimum age limit.
   9. In the event You choose to use self pick-up service, there will be no involvement from the Driver Partner, so all of the Transaction will be conducted directly between You and the chosen Merchant.

3. PAYMENT
   

   You can choose the payment method that will be used when making the Transaction. Payment methods that can be used are cash, GoPay and other methods available in the Gojek Application or any other payment method which available in relevant application/site where GoFood can be accessed. Please be informed that any payment using GoPay will be processed according to the terms and conditions that apply to GoPay service.
   Specifically for Scheduled Order, payments can only be made with a non-cash payment method as available in GoFood Services.
   
   1. You understand that the Transaction fees that You are required to pay include, but not limited to, the Product prices and Product delivery fees and/or any other fees as informed by Us from time to time.
   2. You understand that the price of the Product displayed on GoFood Services is an estimated price. Merchant has the full authority to determine and make changes to the Product prices from time to time. Therefore, We are not responsible if there is a change in Product prices at the time of purchase at the Outlet or difference between the prices listed in the GoFood Service and the prices applied by the Merchant outside GoFood Service.
   3. Referring to the above conditions, You agree to pay the Product price in the amount stated in the receipt or purchase receipt issued by the Merchant as submitted by the Driver Partner to You or directly to You (if Transaction is using self pick-up) after the Transaction is conducted.
   4. You may be benefited from promotional programs in the form of GoFood cashback vouchers or other forms of promotions that You have as available in GoFood Services and/or Merchant’s Outlet. However, the terms and conditions for using the promotion are subject to the terms and conditions that apply to each promotional program, including how, when and where it can be used.
   5. If there are other costs incurred in connection with the Transaction, including but not limited to parking fees and building entrance fees, You shall be fully responsible for these costs and the Driver Partner has the right to request reimbursement of these other costs from You by providing supporting evidence (e.g. parking receipt).
   6. In the event that there is a discrepancy, error or failure in the provision of GoFood Services by Driver Partner who are individual partner who are registered as Our partners or partners provided by Courier Partner, then You can claim for Your loss to each Driver Partner in accordance with the procedure determined by Us, provided that you must be able to prove that the loss is occurred due to the mistake of the Driver Partner.

4. DELIVERY

   1. You or other parties that You appoint to receive the Product understand to make themselves available, contactable and can receive when the Product is delivered by the Driver Partner.
   2. You agree that if You choose Product delivery from the Merchant’s Outlet by a Driver Partner, the Driver Partner will be responsible for and guarantee the implementation of the delivery service (as long as the service is available at your location). If the delivery service fails or is canceled, which according to the Driver Partner is due to reasons related to You (for example, you provide the wrong delivery address), you will still be charged, but not more than the full price for the delivery service. If the delivery service fails or is cancelled, You are entitled to a refund in connection with the Transaction.
   3. You can provide review of the Product as available in GoFood Service after Your Transaction is complete. You understand and agree that the review will be displayed in the Gojek Application or any other relevant application/site, as applicable, where it can be read and accessed publicly and shall be subject to the specific terms and conditions as stipulated in the Gojek Application or any other relevant application/site.
   4. Unless otherwise stated in this GoFood Terms of Use, We are not responsible for Product, including but not limited to the following:
      
      1. the price differences listed on GoFood Service and Outlets;
      2. condition and quality;
      3. duration of delivery by the Driver Partner;
      4. failure to complete orders and/or deliveries by the Driver Partner; and
      5. incompatibility of Products ordered with Products delivered.

5. PROMOTION PROGRAM

   1. We and/or the Merchant are entitled to offer a promotion which will be applicable in GoFood Service and Dine-in.
   2. Unless stated otherwise, promotion that has been received by You cannot be exchanged with other promotion or converted into cash and cannot be refunded.
   3. By agreeing to follow a GoFood Service promotion program, You will be deemed to have agreed with the specific terms and conditions which apply for the promotion program as stipulated in the Gojek Application or any other relevant application/site.
   4. We will not be liable for any losses suffered by You due to any fault or mistake which were conducted by You or any other third party.
   5. You agree that We are not obligated to accept delays in submitting promotional codes and discounts or promotions in other forms after the Transaction process on GoFood Services or transactions that occur at the Merchant’s Outlets is complete. We shall not be liable for any loss, damage, costs and expenses suffered or incurred as a result of theft or illegal or fraudulent use of promo codes and discounts. We have the right to take any action against You if You are found to be using promotional codes and discounts in an unauthorized or fraudulent manner, including without limitation, suspending or terminating Your Account.

6. USER’S REPRESENTATION AND WARRANTY

   1. The representations and warranties of the User as stipulated in this 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 under 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: (i) The Product You ordered is true at Your will and needs and/or at the request of the other party You have appointed and has been informed to agree to accept the Product; (ii) The Product is not ordered to cause harm or inconvenience to another person or to the recipient of the  Product; and (iii) You  will  pay  in full for the Product You ordered in accordance with the Transaction.
   3. In the event there is loss or problem You experience at the delivery of GoFood Service, We will, with Our best efforts, help to mediate You with the related Driver Partner and/or Merchant in seeking solutions for the problem. We do not have any liability for any problems or disputes that arise between You, the Driver Partner and/or the Merchant, including taking legal action deemed necessary by You, the Driver Partner and/or the Merchant.
   4. We, the Merchant or the Driver has the right to refuse Your GoFood Service request, including ordering, if We or the Driver Partner has reasonable reasons to suspect that You have, or by accepting Your request, you will violate the GoFood Terms of Use, the Gojek Terms of Use or applicable laws and regulations.

7. DISCLAIMER OF GOFOOD SERVICES

   1. We nor the Driver Partner will guarantee the Product availability in the Merchant’s Outlet.
   2. We do not own, sell or resell any food and/or drinks and do not control the Merchant, or any services provided by the Merchant. You understand that every order that you place must be subject to the availability of the Product and the ability to serve the location by the Merchant and/or Driver Partner. You further acknowledge that the Driver Partner has the right to pool several orders for travel efficiency, if necessary.
   3. We will not guarantee that all Products including the food or beverage content which is provided by the Merchant is halal or does not contain pork or alcohol.
   4. The display of halal logos or halal statements in GoFood Service, Gojek Application or other relevant application/site is in accordance with the information provided by the Merchant. We will not be liable for any misleading or wrong information related to the display of this halal logo or statement.
   5. We will not be liable or responsible for any review, comment or complaint which is displayed in the comment or review column in Gojek Application or any other relevant application/site.
   6. We are not responsible for any information and/or content displayed on the Merchant’s page, including but not limited to the menus, prices, addresses and operating hours of the outlets. We are not responsible if there are differences in the information submitted by the Merchant on GoFood Services and outside of GoFood Services, including for dine-in. For the avoidance of doubt, We are not involved in and will not be responsible for any separate arrangements between You and the Merchant and/or Driver Partner.
   7. In connection with the purchase of alcohol, if it turns out that You are under the age of twenty-one (21) years, then You hereby pledge that You will be fully responsible for bearing the legal consequences and release Us, Merchant and/or Driver Partners, from all claims and other obligations, arising from or in connection with the purchase or ordering of alcoholic products made through Your Account on the Gojek Application or any other relevant application/site, including without limitation, all obligations arising from Your actions to outmaneuver or deceive the Our system, Merchant and/or Driver Partner, related to such minimum age limit.

8. COMPLAINTS AND REFUND PROCESS

   1. You may file complaints to Us in the such following events, ie. incomplete items with the Products purchased, wrong Products delivered to You, quality of Products purchased is not consumable.
   2. We will assess and evaluate Your complaints case-by-case basis and may refund monies to You in these events or any other matters as solely determined based on Our discretion.
   3. In the event We deem any of the above mentioned scenarios has occurred, then:
      
      1. if its happening in Gojek Application then We may  refund the amount, as calculated by Us, to Your GoPay balance that is connected to Your Account (or return the limit of Your GoPaylater (as applicable), or communicate with Merchant to provide replacement of purchased Products to You or perform other actions deemed necessary by Us, with the procedures as solely determined by Us.
      2. if its happening outside Gojek Application ecosystem, then we will follow the procedure as determined in such application/site.

HOW TO CONTACT US

You can contact Us through the Help Page within Gojek Application or via email to customerservice@gojek.com. All Your correspondence will be recorded and stored for Our records.

You shall immediately report your complaint no later than 2x24 hours from the time the order is delivered by the Driver Partner or since the order is completed by Our Merchant if the order is self pick-up by You. We are not responsible for the complaint that You submit if it has passed the time limit for submitting a complaint that We have set.

Before We can proceed with Your complaint, We have the right to collect data and/or information from You on the following matters:

• Order number or transaction number;
• Menu ordered and complained;
• Menu which received and complained;
• Attach photo(s), which proves the order that has been received is not properly wrapped up or broken (not wrapped), the entire contents of the order can be seen, and the condition of the photo must be clear (not blurry);
• Attach proof of purchase receipt/screenshot of the order summary displayed on the relevant application; and/or
• Other information.