GOSHOP TERMS OF USE

as of 01 September 2019

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

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

1. GENERAL TERMS

   Unless specifically defined below and in other parts of the GoShop User Terms, capitalized terms used in the GoShop Terms of Use must be interpreted in accordance with the terms in the Gojek App Terms and Use.

   GoShop Outlet is the outlet that provides sales services for goods, food and/or beverages in the form of minimarts, supermarkets, hypermarkets, restaurants, diners, stalls, shops, carts and/or other places where You choose Yourself in the Gojek App.

   GoShop is one of the services available in the Gojek App, where You can make Transaction in the GoShop Outlet.

   Buyer is the User or the party that purchases the Product through GoShop Service.

   Merchant is the party who manages Outlet which acts as provider of Product.

   Product are goods, foods and/or drinks that You order through GoShop Service at the GoShop Outlet You choose.

   Transaction is ordering, purchasing and delivering Product from GoShop Service.

2. ORDERING

   1. By using GoShop Service, You agree and authorize the Service Provider to make a Transaction.
   2. You can place an order for the Product on the GoShop page. You are required to provide complete and accurate information regarding the full address of the GoShop Outlet, the destination of Product delivery, the number of Product to be purchased, the estimated price of the Product You know in the information column provided on the GoShop page. To make it easier for Service Provider to carry out Transaction, You can choose to fill in additional information such as special instructions on Transaction or benchmark address for Product delivery.
   3. The Service Provider will follow up on Your order, including but not limited to, locating the GoShop Outlet, ordering directly at the GoShop Outlet, paying for and delivering Product.
   4. We and/or the Service Provider do not guarantee the availability of Product in the GoShop Outlet.
   5. You can contact and/or be contacted by the Service Provider to obtain confirmation or clarification regarding Transaction, including but not limited to the availability and/or change of Product, GoShop Outlet location, change in Product price, delivery address, recipient of the Product, or other information, through the communication features in the Gojek App and/or other communication lines before or when ordering, purchasing and/or delivering the Product.
   6. You can only cancel the Transaction before the Service Provider purchases the Product.
   7. We and/or the Service Provider has the right to refuse Your order if We have  reasonable reasons that by accepting Your order, You will violate the GoShop Terms of Use, Gojek Terms and Use and/or applicable laws and regulations.

3. PAYMENT

   1. 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 App. Payments using GoPay will be processed according to the terms and conditions that apply to GoPay services.
   2. You understand that the Transaction fees that You are required to pay include the Product prices and Product delivery fees. Product delivery fees will be displayed on the Gojek App before You use the GoShop Service. You understand that We can change and/or renew the GoShop Service rates 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 GoShop Service to You, including but not limited to toll fees and parking fees, then You are fully responsible for these costs and the Service Provider has the right to request reimbursement of these other costs from You. Payment of other costs can be made in cash or paid through other payment features available in the Gojek Apps.
   3. You understand that the Merchant has full authority to determine and make changes to the Product prices. Therefore, We are not responsible if there is a difference between the estimated prices You input in the GoShop Service and the prices applied by the Merchant.
   4. In connection with 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 Service Provider to You after the Transaction is conducted.
   5. By using the GoShop Service, You understand and agree that You cannot purchase Product in digital form, such as credit voucher codes or bill payment services.

4. DELIVERY

   1. You or other parties that You appoint to receive the Product understand to make themselves available, can be contacted, and can receive when the Product is delivered by the Service Provider.
   2. You can provide a review as contained in GoShop Service after Your Transaction is complete.
   3. We are not responsible for Product, including but not limited to the following:
      1. the price difference between the estimated price that You specified in the GoShop Service and the one applied by the Merchant where You shop.
      2. condition and quality;
      3. duration of delivery by the Service Provider;
      4. failure to complete orders and/or deliveries by Service Providers; and
      5. incompatibility of Product ordered with Product delivered.

5. PRODUCT THAT CANNOT BE DELIVERED TO RECIPIENT

   1. Product that cannot be delivered because the recipient of the Product cannot be found at the delivery address of the Product is not Our responsibility. We do not provide safekeeping services in any form for You.
   2. If the Service Provider hands over Products that cannot be delivered as stipulated in this Article to Us, You can take the Product left behind within 30 (thirty) working days from the date of the Transaction in Our nearest office ("Product Pickup Period"). If the Product left behind is not retrieved during the Product Pickup Period, then the passing of the Product Pickup Period serves as Your express statement that the Product has 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 item (including but not limited to donating, selling, destroying or disposing of the Product).

6. PROHIBITED GOODS

   You have read, understand and agree that in your capacity as a Buyer, You will not purchase or intend to make any purchase the Products with the following requirements:

   Product that contain negative contents, such as:

   1. Porn;
   2. Product that supports gambling, bet, lottery activity;
   3. violance, hate speech, discriminative action towards sex, gender, belief;
   4. Product that contains intellectual property infringement;
   5. Product that may support an unlawful activity to access system (e.g. Product that teach you hacking and/or cracking);
   6. Narcotics, psychotropic, addictive content
   7. alcoholic beverages;
   8. Product or activity that may support money laundering, money game, fraud;
   9. human trafficking and/or human organ trading; and
   10. cigarette or tobacco.

   Product that do not have a proper license to be traded in accordance with the Applicable Law, such as:

   1. a weapon or explosive materials;
   2. Restricted drugs or medicines, prescribed drugs/medicine, drugs/medicines that do not have a distribution license;
   3. plants or animals;
   4. Uncertified communication device;

7. USER’S REPRESENTATION AND WARRANTY

   1. The User representation and warranties provided in this Article are in addition to the representation and warranties provided by the User as contained in the Terms of Use. There are no provisions in this Article that reduce or limit the applicability of the representation 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 will and for Your 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 of loss or problems that You experience during the provision of GoShop Service, including due to damage or loss of Product caused by the Service Provider's negligence, We may, with Our best efforts, help bring You together with the relevant Service Provider in seeking solutions for the problem. We do not have any liability for any problems or disputes that arises between You and the Service Provider, including taking legal action deemed necessary by You or the Service Provider.
   4. The sale of the Product made by Merchant to the Buyer and the Transaction that involves Merchant, Buyer and Service Provider shall create direct relationship between Merchant, Buyer and/or Service Provider, where Gojek is not a party to the said relationship. Gojek shall not be liable to any act or negligence by Merchant and/or Service Provider to Buyer. To the extent required by Applicable Law, each party is responsible for each obligation and liable to the Merchant, Buyer and/or other Service Provider respectively which arises out of the Transaction.w
   5. The Service Provider has the right to refuse Your GoShop Service request if the Service Provider has reasonable reason to suspect that You have, or by accepting an order from You, You will violate the GoShop Terms of Use, the Gojek Terms of Use or applicable laws and regulations.
   6. If We know or have sufficient reasons to suspect that You have committed violations, crimes or other actions that is in contrary with this Terms of Use, GoShop Terms of Use and/or Applicable Law, whether or not referred to in this Terms of Use, You hereby agree that You shall indemnify and hold harmless Us against any third party's complaints, claims, charges, and/or damages in respect of a breach made by You towards this Terms of Use, GoShop Terms of Use and/or Applicable Law.

       Moreover, We have the right to and may take certain actions, including but not limited to deleting or removing your Virtual Outlet or the displayed Products and/or conduct other actions that We consider necessary, including criminal and civil law proceedings.