User Terms of Use

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Last updated: 16 September 2020


  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 Technology (Thailand) Company Limited (Company Registration Number 0105561066969) (“Gojek”). If applicable, Your use of the System as a Transportation Provider will be governed by the Gojek Driver Services Agreement.



  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. Group Companies means an entity and its Affiliates (and Group Company will be construed accordingly);
      6. Local Terms means the supplementary or alternative terms for specific 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;
      7. Merchant Application means the electronic application supplied by Gojek and/or Gojek Group Companies to facilitate Merchant’s use of the System in their role as a merchant;
      8. Mobile Device means 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 information applicable to Users, as notified to You by Gojek from time to time (including via the System, the Websites, the Policies, or to Your email address set out in Your Account), and as may be updated by Gojek from time to time;
      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 and/or its Group Companies to connect Transportation Providers, Merchants and other service providers with Users, including the Driver Application, the User Application, the Merchant Application, GoPay and related software, websites, platforms, payment services and other support systems and services, including the Websites. For the avoidance of doubt, the System 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 System;
      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. User Wallet means the wallet feature within the User Application provided and operated by Gojek Group Company in accordance with the GoPay Terms and Conditions;
      20. Vehicle means the vehicle used by a Transportation Provider for the purpose of providing Transportation Services; 
      21. Vouchers means electronic monetary value or credit that, when validly applied by a User, may be used to offset certain fees payable by the User via the User Application, in accordance with the terms and conditions specified by Gojek; and 
      22. 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
    1. Your commitments to Gojek
    2. 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 system or network which the System operates on.
    3. Your interactions with Transportation Providers and other Users
    4. 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.
    5. 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.
    6. 4.4 The Transportation Provider has sole discretion whether to accept, reject or cancel 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.
    7. 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.
    8. Complaints
    9. 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.
    10. 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 and all decisions made in relation to Your use of the System. 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.
    4. In such an event, any outstanding balance in Your User Wallet will be withheld and/or forfeited (in the event of a permanent suspension of Your Account) and You shall not hold Gojek or any of its Group Companies liable for the withholding or forfeiture of any such amount.


  6. Your use of the System
    1. Rights granted and reserved
    2. 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.
    3. 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.
    4. Prohibited conduct
    5. 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;
      8. 6.3.6 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 make or receive orders for Transportation Services other than via the User Application or which are fake;
      13. 6.3.13 cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to Gojek (and its officers, directors, members, employees and agents), any Transportation Provider, or any other party; or
      14. 6.3.14 damage Gojek’s or any of its Group Companies’ reputation in any way.
    6. Restrictions on Your use of Transportation Services
    7. 6.4 You shall not use the 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.
    8. 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.
    9. 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
    1. User Application
    2. 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. Gojek reserves the right to charge a fee for all support and services You obtain, directly or indirectly, through the use of the System, as notified to You by us from time to time (including via the Policies).
    3. User Fees
    4. 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 or other charges in accordance with the Policies; 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 or other 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 fare to be applied only after notification to Gojek and reflected as the fee for Transportation Services in the Driver Application.
    5. 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.
    6. 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.
    7. 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, or other applicable charges, in accordance with the Policies. 
    8. 8.6 When using Transportation Services, You must make Yourself available at your designated pick-up location by the relevant time specified via the User Application or the relevant Policies. If You fail to do so, the Transportation Provider is entitled to cancel the Transportation Services and You may be charged a cancellation charge, or other applicable charges, in accordance with the Policies. 
    9. 8.7 You acknowledge and agree that Gojek may, to the extent permitted by Applicable Law, adjust or cancel the User Fees (or any part thereof) 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).
    10. Promotions
    11. 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.
    12. Payment
    13. 8.9 Unless otherwise determined by Gojek, all amounts payable by You under these Terms of Use are final and non-refundable, and must be paid by using the payment methods offered via the User Application from time to time, including (where applicable) by cash, credit or debit card, the balance of your User Wallet or by using Vouchers. 
    14. 8.10 Where You choose to make payment using cash, You shall pay all User Fees payable to the Transportation Provider, and any other amounts payable to Gojek, to the Transportation Provider, who shall collect the amounts payable to Gojek on behalf of Gojek.
    15. 8.11 Where You choose to make payment using a non-cash payment method, You grant to Gojek the full power and authority to debit the same using the default payment method designated in Your Account and remit the User Fees 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.
    16. 8.12 If third party payment methods are available via the User Application in Your Territory, Your use of a third party payment method is subject to the terms and conditions of the relevant third party providing such payment method, and may also be subject to separate fees imposed by the third party provider. Gojek makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of such third party payment methods, and shall not be responsible to You or such third party provider in respect of Your use of any third party payment method, including any limitations, delays, or failures of the third party payment method. 
    17. 8.13 All payments must be in the local currency in the Territory. 
    18. 8.14 If Vouchers are available in Your Territory, Your use of Vouchers may be subject to Specific Terms. Please check these carefully before using Vouchers. Gojek may at its absolute discretion reject Your request to purchase Vouchers for any reason. For the avoidance of doubt, Vouchers are not redeemable for cash, are not refundable under any circumstances and cannot be resold, transferred, or exchanged for value.
    19. 8.15 Without prejudice to its other rights and remedies, Gojek may suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or may involve any criminal activity or where it reasonably believes You are in breach of these Terms of Use, the Policies, or Applicable Law. In such an event, You shall not hold Gojek or its Group Companies liable for any withholding of, delay in, suspension of, or cancellation of, any payment or any promotions to You.
    20. 8.16 If You have been incorrectly charged a fee, you may contact us via the User Application or by email to care.th@gojek.com for assistance. Gojek has sole discretion in determining whether to process any refund or return of payment to You and the mode of such refund or return of payment (including by way of Vouchers). 
    21. Taxes
    22. 8.17 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. 
    23. 8.18 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
    1. Indemnities
    2. 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, the Policies 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.
    3. Basis on which the System is provided
    4. 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.
    5. 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. 
    6. 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. 
    7. 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. Gojek shall not be responsible for any limitations, delays or failures of any Transportation Provider and other third party provider, regardless of whether their systems, goods or services are accessible via the System.
    8. 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.
    9. Exclusions and limitations of liability
    10. 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.
    11. 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.
    12. 9.9 To the 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.
    13. 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, 8.17, 8.18, 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, 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 Thailand.
    2. 12.2 Any and all disputes arising out of or in connection with these Terms of Use will be finally settled by Thai Courts.


  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 this Agreement without Gojek’s prior written consent. By entering into this Agreement and continuing to use the System, You hereby consent to Gojek assigning, sub-licensing, transferring, subcontracting or otherwise disposing, all or part, of its rights or obligations under this Agreement to its Affiliate, provided that, to the extent required by Applicable Law, Gojek shall provide notice to You of any assignment, sub-licence, transfer, sub-contracting or other disposal of its rights or obligations.
    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 care.th@gojek.com.




SPECIFIC TERMS FOR THE USE OF GOFOOD

  1. Term and termination
    1. The definitions and rules of interpretation set out in the Terms of Use apply to these Specific Terms. In addition:
    2. F&B Items means the food and/or drinks a User can purchase from the GoFood Merchant via GoFood;
    3. GoFood means one of the services available in the User Application which allows a User to order F&B Items from menus of GoFood Merchants listed in the User Application, which will be delivered by the Transportation Provider; and
    4. GoFood Merchant is the restaurant, eatery, store, café, bar, cart, stall or other merchant who provides the F&B Items ordered by a User via the User Application.


  2. Additional terms for GoFood
    1. 2.1 Gojek does not guarantee that GoFood will be available in Your Territory.
    2. 2.2 You may only order F&B Items from the available menu of each GoFood Merchant on the User Application. Neither Gojek nor GoFood Merchants guarantee the availability of specific F&B Items. Menus are subject to change with or without notice.
    3. 2.3 Your order is subject to acceptance by the GoFood Merchant and this will be notified to You via email or otherwise via the User Application. The GoFood Merchant can accept or reject Your order at its sole discretion. 
    4. 2.4 GoFood orders are non-cancellable from the time that You receive an email or notification via the User Application confirming acceptance of Your order.
    5. 2.5 You shall not order alcoholic beverages via GoFood unless You are legally entitled to do so by Applicable Law. By ordering alcoholic beverages, You agree to show Your proof of identity to be verified by the Transportation Provider when delivering Your order in Your designated delivery destination. 
    6. 2.6 Images and descriptions of F&B Items are for illustrative purposes only and may not be representative of the final F&B Items You receive.
    7. 2.7 GoFood Merchants may use nuts or other allergens in the preparation of the F&B Items. It is also possible that nuts or other allergens could be introduced during transportation of the F&B Items. You should not assume that F&B Items are free from nuts or other allergens.
    8. 2.8 You must only purchase F&B Items for Your own personal consumption or at the request of the person You designate as the recipient of the F&B Items and You must not place orders with an objective of causing harm or inconvenience to the GoFood Merchant or Your designated order recipient.
    9. 2.9 You agree and understand that by using GoFood, You authorise the Transportation Provider to purchase, collect, and/or deliver the F&B Items from the GoFood Merchant for and on Your behalf and any amounts payable for the F&B Items and any other applicable fees as displayed on the User Application will be in addition to the User Fees payable by You to the Transportation Provider. The Transportation Provider and/or the GoFood Merchant is entitled to contact You to obtain Your confirmation or clarification regarding Your order of F&B Items (including in the case of unavailability of one of Your orders or clarifying the address and the recipient of the order delivery). You must make Yourself available via the contact details provided in order to deal with the confirmation or clarification request.
    10. 2.10 The System may provide You the option to collect the F&B Items directly from the GoFood Merchant. If You choose this option, Transportation Services will not be included as part of Your Order, and You will not be charged a fee for Transportation Services in accordance with clause 8.2. However, other applicable fees to Gojek and/or the GoFood Merchant apply, and You must make payment using a non-cash payment method over the User Application. Once Merchant accepts an Order, You will not be able to cancel such Order or be entitled to a refund. In the event that You fail to collect the F&B Items from the GoFood Merchant within the time period stated in the User Application, the Order shall be deemed completed, and the GoFood Merchant shall have full discretion to deal with the F&B Items. Gojek shall not be responsible or liable for the acts or omissions of the GoFood Merchant in connection therewith.
    11. 2.11 You agree and understand that the price of the F&B Items displayed on the User Application at the time of your GoFood order is merely an estimation and may change from time to time. You agree to pay the price of the F&B Items as reflected in the receipt displayed on the User Application or purchase bill issued by the GoFood Merchant, as produced by the Transportation Provider upon delivery of the F&B Items at Your designated delivery location (as the case may be). If there is a significant difference between the price of the F&B Items as listed on the User Application, please let us know by submitting a complaint to us.
    12. 2.12 In addition to the price of the F&B Items, the Transportation Provider and/or the GoFood Merchant may be entitled to recover from You certain charges incurred during the completion of your GoFood order, in accordance with the Policies.
    13. 2.13 If You fail to make Yourself available to receive an order of F&B Items at the delivery location specified in the User Application, You may forfeit Your order and still be charged in full for the relevant F&B Items and the User Fees for the Transportation Service in accordance with the Terms of Use, and a cancellation charge may be applicable.
    14. 2.14 Without prejudice to the other provisions of the Terms of Use, Gojek is not liable for:
      1. 2.14.1 the condition of F&B Items;
      2. 2.14.2 the quality of F&B Items; or
      3. 2.14.3 the difference of price between the one shown on the GoFood service in the User Application and the one charged by the GoFood Merchant where You order the F&B Items.
    15. 2.15 If You have a complaint regarding GoFood, including in respect of any loss or damage of the F&B Items during the provision of the Transportation Service, please submit a complaint via the User Application. In relation to damaged F&B Items, You must take photographs and other reasonable evidence of the damaged F&B Items. Although the Transportation Provider is solely responsible for the Transportation Services, and the GoFood Merchant is solely responsible for the provision of the F&B Items, if You have a complaint about the Transportation Services or F&B Items You have received, Gojek has the right to deal with any such complaints through Gojek’s complaints handling process, and reserves the right to redirect Your complaint to the relevant party.




SPECIFIC TERMS AND CONDITIONS FOR THE USE OF GOSEND

  1. Additional definitions
    1. The definitions and rules of interpretation set out in the Terms of Use apply to these Specific Terms. In addition:
    2. Goods means the goods or other items sent or to be sent by a User to a third party recipient by using GoSend; and
    3. GoSend means the Transportation Service provided by a Transportation Provider, to transport Goods in a Vehicle from a pick-up location designated by the User to a third party recipient at a destination location designated by the User.


  2. Additional terms for GoSend
    1. 2.1 Gojek does not guarantee that GoSend will be available in Your Territory.
    2. 2.2 You must provide complete and accurate information regarding the Goods to be delivered (e.g. name of goods, weight of goods, type of goods, and other details) via the User Application.
    3. 2.3 Gojek does not provide any boxes, cardboard or other packaging as part of the GoSend service. You are responsible for packing the Goods to be delivered according to the characteristics of those Goods. Special packaging is advised for fragile or non-durable Goods such as cakes, ice cream, food, fruits and fresh flowers. Gojek is not liable for any damages or changes of form that occur during delivery.
    4. 2.4 You represent and warrant that You have been, are, or will be a legal owner of or otherwise have the right to handle the Goods to be delivered via GoSend and that the Goods meet all the requirements as mentioned in the Terms of Use and these Specific Terms. 
    5. 2.5 Unless expressly notified to You, Gojek does not insure the Goods and You are responsible for Your own insurance arrangements. If Gojek offers self-help insurance in Your Territory, additional terms and conditions will apply and Your rights to claim in respect of such insurance are subject to Your compliance with the Terms of Use, including these Specific Terms for GoSend. The types of Goods that are not included in the insurance protection are as follows:
    6. Prohibited Goods
      1. Money (cash, coins, foreign currencies and other bearer negotiable instruments);
      2. Narcotics, marijuana, morphine, and other addictive products;
      3. Pornography in any form;
      4. Living animals and plants;
      5. Food, drinks, or food or drink ingredients that require a cooler or a controlled environment;
      6. Items with a pungent odour, such as durians;
      7. Explosives and other inflammable substances and goods, firearms, weaponry, and their parts;
      8. Hazardous or toxic substances; 
      9. Gambling devices or lottery tickets;
      10. Any controlled goods, or goods prohibited for import, export, or circulation under Applicable Law.
    7. Extraordinary Goods
      1. Artworks, including works that are made and created using skills, sense or creative talents to be sold, displayed, or collected. Including goods (and their parts) such as paintings, pictures, vases, tapestries;
      2. Movies, photographed pictures, including photograph negatives, photograph chromes, photograph slides;
      3. Commodities that are naturally susceptible to damage, or of highly variable market value, or difficult to confirm;
      4. Antiques or other commodities displaying styles or modes of past era where their history, age or rarity contributes to their value, including furniture, tableware, glasses, and collectibles such as coins and stamps;
      5. Glassware in the form of jewelry, including costume jewelry, watches and their parts, gemstones or industrial diamond stones (precious or semi-precious) and jewelry made of precious metals;
      6. Animal fur, including clothing or other items comprising animal fur;
      7. Precious metals, including gold or silver bars or powder, sediment or platinum (except as an integral part of an electronic machine);
      8. Prepaid phone cards;
      9. Stamps, excise for liquor, duty stamps.
    8. Valuable Documents
      1. Certificates of title; 
      2. Passports and identification cards;
      3. Bank certificates, deposits, securities (including but not limited to shares, bonds, other documents or Goods that Gojek defines as a Valuable Document in its discretion.
    9. 2.6 If You intend for the Goods to be delivered to a specific person, You must specify the intended recipient on the Goods. Notwithstanding, You agree that the Transportation Provider may leave the Goods with any person present at Your designated destination location or otherwise handle the Goods as required by Applicable Law, if Your intended recipient is not present at such location at the time of delivery. 
    10. 2.7 You agree that the Transportation Provider will return the Goods to Your designated pick-up location if Your intended recipient refuses to accept the Goods, or if there is no person available to receive the Goods at Your designated destination location. In such an event, You will still be charged the User Fees for the Transportation Service in accordance with the Terms of Use, and a cancellation charge may be applicable. If You wish to re-deliver the Goods, You must submit a new GoSend order via the User Application.
    11. 2.8 You shall not use the GoSend service to:
      1. transport, obtain and/or purchase items prohibited by Applicable Law, items that require a licence or permit from an authority in order to be transported, stolen or misappropriated items, or items that are harmful (including items containing hazardous or toxic materials, drugs or illegal substances);
      2. transport, obtain and/or purchase any of the Goods listed in clause 2.5 of these Specific Terms;
      3. transport, obtain and/or purchase pets or any other animals;
      4. transport items from or to prisons;
      5. transport items that do not safely fit within the Vehicle or that may damage such Vehicle or create an unsafe condition (and, in any event, to transport items with dimensions of more than 70cm (length), 50cm (width), 50cm (height) or items weighing more than 20kg); or
      6. transport, obtain and/or purchase valuable items, including valuable documents (e.g. land certificates, licences or important agreements) or items where non-delivery, late delivery or damage during delivery could expose You, the recipient or another person to damage, injury or other liability (such as medical products, medical devices or organs for transplant).
    12. 2.9 If the Goods have been packed, the Transportation Provider may ask You to open and show the inside of a package to ensure that the contents are as You have represented, and You agree to cooperate with such requests.
    13. 2.10 Upon Your submission of an order for GoSend services, the estimated time for the Transportation Provider to: (a) pick up the Goods from the designated pick-up location; and (b) deliver the Goods to the designated destination location, will be shown on the User Application.
    14. 2.11 If You have a complaint regarding GoSend, including in respect of any loss or damage of the Goods during the provision of the Transportation Service, please submit a complaint via the User Application. In relation to damaged Goods, You must preserve the damaged Goods or, if the Goods are perishable items, take photographs and other reasonable evidence of the damaged Goods.




SPECIFIC TERMS AND CONDITIONS FOR THE USE OF GORIDE

  1. GENERAL TERMS
    1. The definitions and rules of interpretation set out in the Terms of Use apply to these Specific Terms. In addition:
    2. GoRide is the Transportation Service provided by the Transportation Provider using a two-wheel motorised Vehicle (motorcycle) to transport a User from a pick-up location to a destination location designated by the User.


  2. TERMS OF SERVICE
    1. 2.1 Gojek does not guarantee that GoRide will be available in Your Territory.
    2. 2.2 GoRide 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 Transportation Providers are required to agree that they will be careful and provide the GoRide services safely. However, in accordance with the Terms of Use, You as the User of GoRide 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. You acknowledge that transportation via a two-wheeled Vehicle carries certain inherent risks and, by using GoRide, You accept such risks.
    4. 2.4 You must wear a suitable helmet provided by the Transportation Provider during the trip using the GoRide service. If no helmet is available, You should cancel Your order and notify Gojek.
    5. 2.5 You must not interfere with the Transportation Provider’s ability to operate the Vehicle safely.
    6. 2.6 You undertake that there will only be one passenger for every Transportation Provider. The Transportation Provider is entitled to decline or cancel Your order if the Transportation Provider finds that there are additional passengers. 
    7. 2.7 If You allow a person other than Yourself to use a GoRide service requested by You via the User Application (whether or not accompanied by You), You shall be responsible for the safety of such person.
    8. 2.8 Vehicle descriptions are indicative only. To the maximum extent permitted by Applicable Law, Gojek does not guarantee that the Vehicle will match its description. 
    9. 2.9 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.


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