TERMS AND CONDITION OF USE
These Terms and Conditions of Use between (the “User”) and PT ETTO LETTO GROUP (herein referred to as “COMPANY”), namely a Limited Liability Company established under the Law of the Republic of Indonesia, domiciled in Badung Regency, Bali Province. These terms and conditions provide Users with access to enter into the application and regulate the User while using the application (hereinafter referred to as the agreement).
1. TERMS AND DEFINITIONS
The following terms used in this Agreement have the meanings defined below. Any other terms used in the Agreement that are not defined in this section shall have the meanings that are usually given to them in the relevant industry/field.
1.1 Company shall mean PT ETTO LETTO GROUP that is a Limited Liability Company established under the Law of the Republic of Indonesia with a Decree from the Ministry of Law and Human Rights Number: 57 dated 18-02-2021 with the latest Amendment Deed based on the Circular Resolution Number: 75 dated 27-05-2022 operating under the brand and application name "COOTY".
1.2 User means an individual who meets the requirements of this Agreement, who has passed the Registration / Authorization procedures and unconditionally accepted this Agreement in accordance with its requirements.
1.3 Potential User means for the purposes of this Agreement and depending on the context, the User may be understood as an individual who meets the requirements of this Agreement but has not completed the Registration procedure and has not accepted this Agreement.
1.4 Website – cooty.id
1.5 Application or Mobile Application "COOTY" means a software designed to work on smartphones, tablets, and other mobile devices, developed for iOS and Android platforms, allowing the User to find and rent TS. All exclusive rights to the Application, as an intellectual property object, belong to the Company.
1.6 Device means the User's electronic device connected to the Internet, operating on the basis of the iOS or Android operating systems, enabling the User to Register / authorize, and also (depending on the functionality of the Device) the ability to use the Application. Devices include, without limitation, computers (including laptop/laptop, desktop, Macintosh computers), mobile phones (including smartphones and communicators), PDAs (including tablet devices).
1.7 TS means an otoped that is a vehicle on two wheels driven by pushing off the ground with the foot in a standing position and with the help of an electric motor.
1.8 Tarif means the TS rental rate displayed on the Website and/or in the Application with a nominal value of IDR. 2,500/minute;
1.9 Registration of the User means the commission by the User, the interested party, and the Company of a certain set of actions fixed in this Agreement, in the Appendix.
1.10 Application fee means the fee that the User is required to pay for the right to use the TS through the application.
1.11 Authorization of the User means the implementation of a certain set of actions fixed in this Agreement in the Application in order to identify the registered User for subsequent use of the Application.
1.12 Gender reference means all articles and clauses referred to in this Agreement apply equally to both male and females Users
1.13 Support Service means is a structural subdivision of the Company that provides twenty-four hours, seven days a week, without days off and holidays, consulting support for Users, assistance to Users and informing them in the process of providing the use of the Application. Support and information are carried out when the User contacts the Support Service. by the phone number specified in the Application.
1.14 Privacy Policy means a document posted in the Application that regulates the purposes, methods, and procedure for obtaining, processing and storing information about the User in order to provide access to the Application.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1 In accordance with this Agreement, the Company grants the User a revocable non-exclusive right to use the COOTY Mobile Application, with the right to use the Application to search for available TS and rent them, and the User undertakes to pay the Company a application Fee.
2.2 The application fee rates are specified in the Appendix. Using the Application means that the User agrees and accepts the amount of the application Fee. If the User does not agree with the tariff stated in the Appendix, he is obliged to refrain from using the Application.
2.3 The application fee is deducted by the Company from the bank card linked by the User to the Application each time the Application is used to search for and rent a TS.
2.4 Use of the Application is allowed only in the ways provided for in this Agreement.
2.5 The User guarantees that he will not use the Application in violation of the provisions of the prevailing laws and regulations, the provisions of this agreement, which have an impact on harming the company or third parties.
2.6 The User is required report any errors or malfunctions that occurred during the use of the Application to the Support Service.
3. REGISTRATION AND AUTHORIZATION OF THE USER
3.1 Use of the Application is possible only if the User is registered in the application and authorized accordingly in the application in accordance with the sequence of actions established by this agreement.
3.2 To Register the User in the Application, the User independently uploads or downloads the Application Device using the AppStore (itunes.apple.com) and / or Google Play (play.google.com) on the Internet.
3.3 To Register the User in the Application, the User fills out a questionnaire, providing the information required in this questionnaire, including the information specified in clause 5.1 of this Agreement.
3.4 The User cannot complete the Registration without accepting the terms of this Agreement by ticking the checkbox "I agree with the terms and conditions and accept the User Agreement"or by clicking the "Accept" button in the Application.
3.5 Before performing the actions specified in clauses 3.3, 3.4 of this Agreement, the User enters his mobile phone number, password to enter his personal account. Subsequently, when authorizing in the Application, the login for access to the User's personal account is the mobile phone number specified by the User during Registration.
3.6 After the User provides data in accordance with clause 3.3 of this Agreement, the Company within 5 (five) working days checks the User and the data provided by him, and within the same period, based on the information provided by the User and / or received by the Company from third parties, the company decides about the possibility of User Registration. The Company will inform the User about the decision taken in any way convenient for the Company.
3.7 If the User provides false information or unreadable information during Registration, or if the Company has reason to believe that the information provided by the User is false, the Company has the right, at its discretion, to block the User's access to use the Application. In addition, the Company has the right to refuse registration to the User without explanation at any stage.
3.8 Upon completion of the User Registration, the User's authorization, which implies the possibility of using the Application in full, is carried out by entering the mobile phone number and code received via SMS.
3.9 The User undertakes to keep secret the login and password, as well as other data through which access to the Application can be obtained on behalf of the User. In case of loss of the login, password, or if there is reason to believe that a third party has taken possession of this data (as well as other data), the User is obliged, using the contact details specified by him during Registration, to submit a request to the Company (by sending it to the Company's email address support@cooty.id or by contacting the Support Service) to block access to your personal account, and then generate new password, and in agreement with the Company, A request to block access to the personal account is considered by the Company within 1 (one) hour from the moment the request was sent. All risks arising from the failure to fulfill this obligation by the User are borne by the User.
3.10 Upon completion of the Registration, all calls to the Support Service are made by the User from the mobile phone number specified when filling out the questionnaire, or from another phone number, subject to the User shall providing additional data at the request of the Support Service employee.
3.11 The User can change the mobile phone number specified during Registration by contacting the Support Service or by e-mail at support@cooty.id The Company informs the User about the change of the mobile phone number specified during Registration to a new number by sending an SMS message to the new mobile phone number.
3.12 If the User successfully completes the Registration process in the Application, the User must link (enter data) to the Application their bank cards, which are automatically integrated with the Application and from which funds will be debited against the License Fees provided for in this Agreement, with notification as a reminder, the notification will be sent through the User’s contact (without requiring additional consent from the user). It is allowed to use bank cards only of those payment systems that are specified in the Application, with the possibility of making Internet payments. The possibility of making Internet payments is provided by the User independently through the issuing bank of the bank card. Funds against payments stipulated by the Agreement from any cards linked by the User to the Application may be debited by the Company in case of insufficient funds or impossibility of debiting from the main bank card indicated (selected) and linked by the User to the Application.
3.13 Users are prohibited to link other persons bank cards, if this happens it will result in blocking the User's account and the User will be fully responsible at his own expense to replace all funds that have been debited to the other persons actual bank card holder.
3.14 The User shall connect the bank card and virtual wallet, before starting to use the Application. To start using the TS, the user must unlock the TS which is subject to a fee of IDR. 5,000 (five thousand rupiahs) and then can choose to purchase a travel package that is provided according to the user's needs at the lowest package price of IDR. 50.000 (fifty thousand rupiah), IDR. 150.000 (one hundred and fifty thousand rupiah) up to a maximum package price of IDR. 300.000. (Three hundred thousand rupiah), User can purchase packages repeatedly and continuously according to the user's needs for TS usage, after the package purchase is successful, the User can scan Qr on the TS and start the journey.
4. USER STATEMENTS.
By accepting the terms of this Agreement, the User declares that:
4.1 Users are legal subject according to the laws and regulations of the Republic of Indonesia are capable and able to bind themselves in agreements.
4.2 The User understand and agrees that these term and conditions of use and the attachments are an agreement in electronic form, the user’s act of registering when opening an account and checking the box “I agree to the terms and conditions” is a form of your user’s active consent to be bound by this agreement.
4.3 The User reads, understands the meaning and significance of the provisions of the Agreement and it’s specified attachments, agree to its contents and accepts it without conditions and exceptions, promises to comply with the conditions stipulated, willing to be responsible for the partial of total non-fulfillment the provisions of this agreement.
4.4 The User has read, understood and agreed to the contents of all terms of the privacy policy.
4.5 The User understands all consequences of actions at the time of registration as well as when using the application.
4.6 The User provided the Company with complete and valid data regarding personal data and other data required during registration.
4.7 The User meets all requirements to drive a TS in accordance with the provisions of the laws and regulations of the Republic of Indonesia.
4.8 The User agrees with the placement in the TS of any equipment that allows you to track and record the exact coordinates of the TS.
4.9 The User agrees to be responsible for providing compensation in the amount of the loss suffered by the company resulting from the violation of any guarantees and obligations under this agreement by the user.
4.10 The User acknowledges and agrees that this Agreement may be amended and/or renewed from time to time. The Company will include an amended and/or updated version of the agreement in the application. The amended and updated agreement will enter into force upon inclusion in website or application without notification. The User is independently required to read the terms and conditions in the agreement from time to time because the terms and conditions in this agreement may change at any time without notification to the user, by continuing to access and use this application the user agrees to the changes regarding this terms and conditions.
4.11 The User acknowledges and agrees to receive any notices, messages, information, and letters from the Company in any format, the notification will be sent either via SMS to the User's telephone number, email or other communication media based on the User's personal data linked by the user at the time registration as long as the contents do not conflict with the laws and regulations of the Republic of Indonesia.
4.12 The User recognizes the legal force for documents sent by the Company through the Application as for personally signed documents, for actions performed through the Application;
4.13 The User recognizes that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions originate;
4.14 If the User checks the box "I agree to the terms and conditions” and accept the user agreement or press the "accept" button without carefully reading the terms and conditions in this agreement and its attachments then the risk incurred is the full responsibility of the user and the user hereby declares that he will release the company from claims and damages regarding this matter.
5. USER CONSENT
5.1 Subject to the Privacy Policy, the User agrees to the processing and cross-border transfer by the Company of the personal data provided by him (as well as received from any third parties): full name, date, month and year of birth, place of birth, series and number of an identity document (passport or other document replacing it), information about the address of registration at the place of residence, contact details, including (but not limited to) phone number, email address, data on the presence (absence) of medical contraindications to the use of the vehicle, biometric data (photos), data on the location work, positions, as well as other personal data and User confirms that by giving such consent, he acts of his own free will and in his own interests.
5.2 Consent to the processing of personal data is given by the User for the purposes of concluding and executing this Agreement, providing additional services, participating in promotions, surveys, research conducted by the Company (including, but not limited to conducting surveys, research via electronic, telephone and cellular communications), making decisions or performing other actions that give rise to legal consequences in relation to the User or other persons, providing the User with information about the services provided by the Company, the provision of consulting services by the Company, and applies to all information specified in clause 5.1 of the Agreement.
5.3 The processing of the User's personal data is carried out by the Company in the amount necessary to achieve each of the above goals, in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, listing, marking, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image by photographing, as well as performing any other actions with the User's personal data subject to the current law and regulations of the Republic of Indonesia. . Processing is carried out both with the help of automation tools and or without the use of such tools.
5.4 The User confirms that the consent given by him to the processing of personal data is valid indefinitely from the moment they are provided by the User to the Company.
5.5 The User has the right to withdraw his consent to the processing of personal data by sending the appropriate written notice to the Company at least 60 (sixty calendar) days before the withdrawal of consent, while the User acknowledges and understands that access to the Application will not be provided by the Company from the moment when The Company has lost the ability to process the User's personal data.
5.6 The User acknowledges and confirms that if it is necessary to provide personal data to achieve the above goals to a third party (including authorized state bodies), as well as when third parties are involved in the performance of work (rendering of services), the transfer by the Company of its functions and powers to another person (assignment, including for consideration of the possibility of assignment and making a decision on the assignment, debt collection, etc.), the Company has the right, without obtaining additional consent from the User, to the extent necessary to disclose information about the User personally (including personal data) to perform the above actions ) to such third parties, their agents and other persons authorized by them, as well as to provide such persons with relevant documents containing such information, in compliance with the requirements of the legislation of the Republic Indonesia.
5.7 The User acknowledges and confirms that the Company, on the basis of a confidentiality agreement concluded with their partner or third parties, has the right to transfer personal data to them and carry out cross-border transfer of personal data of Users solely for the purposes provided for in this User Agreement.
5.8 The User acknowledges and confirms that in the event that the Company considers issues of assignment of rights under agreements concluded with the User, consent to the transfer of his personal data and data on his agreements to third parties in this case - potential assignees in order to resolve the issue of concluding an assignment agreement with the Company - is considered provided by the User to the Company. In case of assignment of rights under this Agreement, the Company does not require additional consent from the user The User hereby agrees not to receive any notification of the assignment made by the Company in accordance with this clause of the Agreement.
5.9 The User agrees to receive advertising messages from the Company containing advertisements for goods and services sold by the Company and/or its partners and/or other third parties to the email address and mobile phone number (including accounts linked to it in WhatsApp, Viber messengers, Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers (including accounts linked to them in WhatsApp, Viber, Telegram, etc.) provided by the User to the Company in accordance with this Agreement. If the User applies to the Company with a request to stop the distribution of advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who made the relevant request.
5.10 The User consents to the debiting by the Company or, on its behalf, by the agent (payment system) attracted by it of funds from its bank card to pay off any payments provided for by the Agreement and it’s Annexes/Attachments with a notification as a reminder, such notification will be sent through the User's contact without obtaining additional User consent is limited but does not include remuneration for fines, penalties, damages, expenses and expenses of the company arising from non-performance or improper performance of the agreement, additional insurance amounts, deductible amounts, other amounts in cases regulated by the current laws of the Republic of Indonesia that must obtain prior approval.
5.11 The User agrees that the Company will record the User's contacts (conversations) with the Support Service and provide such a record to third parties.
5.12 The User agrees that the Company and / or its partners (payment systems) during the term of the Agreement store the data of the bank account and / or bank card of the User, through which the User makes payments under the Agreement.
6. WARRANTY, OBLIGATIONS AND LIABILITY OF THE USER
6.1 The User guarantees that he will use the Application only for personal non-commercial purposes, not related to business activities and only in accordance with the terms of this Agreement.
6.2 The User guarantees that he will not carry out the Registration on behalf of another person and / or transfer the registration data to third parties.
6.3 The User guarantees he is the rightful owner of all bank cards registered and associated with the Application.
6.4 The User understands and agrees that for the proper use of the Application, he himself must ensure the proper speed of the Internet connection of the Devices. Before using the Application, the User must independently verify that his Device has the necessary characteristics for this. All issues related to the acquisition of Internet access rights, the purchase and adjustment of the relevant Devices and software products for this purpose are resolved by the User independently and at his own expense and are not subject to the Agreement.
6.5 The User is fully responsible for all thing and all actions carried out in the Application on behalf of the User or using the User’s account.
6.6 User shall not allow any third party to access, use User login and password. The User is fully responsible for all risks and releases the Company from any responsibility for possible damage, loss or corruption of data that may occur due to violation of this provision by the User. The User undertakes to take appropriate measures to protect and keep confidential the information used for authorization in the Application, including login and password, from unauthorized use by other persons and immediately inform the Company of the relevant information if such use is discovered. The user bears all risks of adverse consequences associated related to the absence of notification to the company regarding this matter.
6.7 The User undertakes to independently track changes in the terms of this Agreement in the Application.
6.8 The User undertakes not to use any technologies and not to take any actions that could harm the Application, the interests and property of the Company.
6.9 The User consciously promises without any coercion from any party to comply with the terms and conditions in this agreement along with additions and any changes or updates thereof.
6.10 The User is fully responsible and willing to provide compensation in the amount of the value of the loss suffered by the Company in the event of a loss to the Company and undertakes to settle claims at his own expense for legal claims submitted to the Company from third parties as a result of violations of the provisions of this agreement by the User.
6.11 The User is responsible for the non-fulfillment of part or all of the obligations under this Agreement in accordance with the applicable legal provisions.
6.12 The User promises to notify the Company if there is a change in the cellphone number and other data registered at the time of Registration, the User is fully responsible for and releases the Company from responsibility for all risks and losses resulting from the absence of notification of such changes to the Company.
6.13 The User promises to comply with traffic rules and regulations. The User is responsible for compensating for damages in the event of an accident due to the User's fault or the fault of another party. In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service
6.14 The User knowingly and without coercion from any party accepts the terms of the contents of this agreement as well as any additions or any changes or updates thereof. The User confirms that he has fully carefully read these terms and conditions and understands its contents. By continuing to access and use the application, the user agrees to the changes in these terms and conditions.
6.15 The user is fully responsible for any damage incurred to third parties and/or to their property as a result of the negligence of using the TS rental.
6.16 At the end of the use of TS, leave in accordance with this agreement, with all property attached to the vehicle in a place that is not prohibited from being placed without blocking the exits from the buildings, entry and exit from the adjacent territories and without occupying a large space on the sidewalks (parking zones are shown on the map).
6.17 During the period of using TS, Users will periodically receive notifications regarding the amount and remaining balance for using TS;
6.18 If the User’s remaining balance is insufficient to continue the trip with the aim that the user can park the TS in the permitted parking zone area according to the map, the User will receive a notification again that the auto debit will be implemented immediately with a mechanism if the funds in the User’s virtual account are insufficient, then the company is authorized to debit the remaining balance from the bank card linked by the User;
6.19 Auto debit as referred to in point 6.18 will be a minimum of IDR. 50,000 (fifty thousand rupiah) and will be auto debit continuously until the User can park the TS in the permitted parking zone area according to the map, therefore, after User receives additional usage balance from the auto debit the user is expected to park the TS in permitted parking areas;
6.20 If after the user has parked the TS in the permitted parking area there is a remaining usage balance, then the remaining usage balance originating from auto debit from both the user’s virtual account and bank card will be returned to the user’s virtual account where the remaining balance can be applied to further using of the TS;
6.21 By checking the "I agree with the terms and conditions" box and accepting the User agreement or pressing the "accept" button, the User agrees, complies with and accepts the terms and conditions regarding auto debit in using TS services as mentioned in points 6.18 and 6.19, if the User does not agree on this matter, the User is obliged to refrain from using TS services.
6.22 If the TS cannot be used, the User must immediately notify the Support Center service regarding this, the user is obliged to follow the instructions from the operator.
6.23 Failure to return the TS in accordance with the rules of this Agreement will be considered its loss until it is discovered. In case of loss of the TS, the User undertakes to compensate for the damage in the amount of the replacement cost of the TS according to the price list in cooty.id.
6.24 In case of theft of the TS before its return, the User undertakes to immediately report this to the User Support Service, no later than 3 (three) hours. In this case, the User must apply to the police with a statement about the theft of property and obtain an appropriate certificate from the police on the initiation of a criminal case or on the refusal to initiate a criminal case. The user must provide a copy of the certificate to the Company (User Support Service).
6.25 In case of detection of the TS, the Company returns to the User the funds deducted from the User’s bank card account in case of loss of the TS, minus the cost of damage to the detected TS, as well as the cost of using the TS.
6.26 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service. In any case, the User remains responsible for the TS until the return.
6.27 In the event of loss of (damage) to the TS, the User is obliged to indemnify the company for the damage, the amount of which will be determined by the company, if the user does not agree with the calculations made, he has the right to submit to the company to resolve the dispute in the manner specified in this article. this agreement. The Company must ensure that the TS is suitable for use before being given to the User and the User must sign the joint checking result form.
6.28 The User is solely responsible for all administrative fines imposed on the User in connection with administrative offenses committed by him when using the Application.
7. Refund
7.1 Refunds are made if as a result of a system error, the tariff or tariff option was switched to the User.
7.2 Return procedure: If there is an error in debiting funds from the bank account card registered by the User, the User must immediately report to the company by contacting the Company contact, namely at support@cooty.id. The Company has the right to require the User to provide a copy of the passport and documents confirming the erroneous write-off (account statements, etc.). The Company, no later than 10 (ten) working days, considers this appeal and takes measures on it,. Refunds are made to the User's bank account from which the withdrawal was made within 30 (thirty) working days, unless a longer period is established by internal banking procedures. The procedure for the return of funds is governed by the rules of Indonesia payment systems. Cash refunds are not allowed.
7.3 The Company has the right to refuse a refund if the User's funds are debited in accordance with the provisions of this agreement, the reasons for refusal information will be sent to the user through the phone number, email registered by the user.
8. WARRANTY AND LIMITATIONS OF COMPANY LIABILITY
8.1 The Company provides the User with access to the Application, as well as any information contained in the Application ("AS IS") without warranties of any kind. This means, among other things, that the Company:
a. is not responsible for the speed and smooth operation of the Application, their compatibility with the software and operating systems of the User's Devices;
b. is not responsible for the absence of errors and / or viruses during the operation of the Application, interruption of communication channels and failure of the server infrastructure at the level of trunk communication channels, data exchange centers, computer centers, as well as communication lines of regional and local importance, non-performance or improper performance its obligations due to failures in telecommunications and/or power networks, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the Application. The User agrees and acknowledges that he uses the Application solely at his own risk.
c. is not responsible for the proper functioning of the User's Device;
d. is not responsible for the non-compliance of the Application with the User's expectations;
e. is not responsible for the actions of the Users in the Application and for the consequences of the use of the Application by the Users.
8.2 If the User's Device does not support the display and operation of the Application, the Company does not guarantee access to the relevant resources and the possibility of their use / full use.
8.3 The Company is not responsible for the temporary inoperability of payment systems that ensure the acceptance and transfer of User payments, caused by reasons beyond the control of the Company, as well as (Force majeure) circumstances.
8.4 The Company is not responsible for violation of the terms of the Agreement if such violation is caused by force majeure circumstances (force majeure), including but not limited to actions and decisions of state authorities and / or local governments, fire, flood, earthquake, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Company's compliance with the terms of this Agreement.
8.5 The Company is not responsible for non-fulfillment or improper fulfillment of its obligations if this is caused by the actions/omissions of the User that are beyond the control of the Company.
8.6 The Application may contain products and/or services offered to the User on a paid and/or free basis by third parties. The Company is not a participant in the relationship for their provision/rendering, and is not responsible to the User and/or third parties for their presentation/rendering.
8.7 Application may contain links to websites, applications and other resources of third parties. The specified sites, applications and other resources of third parties and their materials are not checked by the Company for compliance with the requirements of the laws of the Republic of Indonesia and the Company is not responsible for their content.
8.8 A link to any site, application, resource, product or service, any information of a commercial or non-commercial nature posted in the Application does not constitute an endorsement or recommendation of the above by the Company. If the User decides to go to sites, applications, resources, products, services of third parties or use programs of third parties, then he does this at his own risk and releases the company from any liability in this regard.
8.9 The actions of any third parties, as well as the actions of payment systems, telecom operators are not the actions of the Company, and the Company is not responsible for them.
8.10 The Company is not responsible for placing the Application, links to it in any sources not authorized (not confirmed) by the Company (counterfeit application). If the User uses a counterfeit application, the Company does not bear any responsibility to him in connection with such use.
8.11 The Company guarantees the conscientious and lawful processing of the User's personal data in accordance with the purposes provided for in this Agreement and does not violate the provisions of the applicable laws and regulations.
8.12 The Company guarantees timely updating of the User's data in case of providing them with updated data.
8.13 The Company is liable only for direct actual damage caused as a result of culpable failure to fulfill the obligations of the Company, within the amount of all payments for the use of the Application (not including reimbursement of expenses, fines and losses) paid by the User of the Company for the entire period preceding the presentation of the relevant claim, but no more 12 (twelve) months.
8.14 The Company is not responsible for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. If any person gains access to the Application and the ability to use them on behalf of the User, the User is obliged to immediately notify the Company in writing (by e-mail) or by contacting the Support Service. Otherwise, all actions performed on behalf of the User using the Application will be regarded as actions performed directly by the User.
8.15 The company is not responsible for providing compensation to the User as a result of losing the user's personal belongings when using TS so the User is reminded to be careful when carrying their personal belongings and hereby the user declares full responsibility and releases the company for the risk of loss their personal belongings during the period of TS rental.
9. TERM OF THE AGREEMENT. PROCEDURE FOR MODIFICATION AND WITHDRAWAL OF THE AGREEMENT
9.1. The User accepts this Agreement by performing the actions specified in clause 3.4 of this Agreement. The date when the User performs the specified actions is the date of entry into force of this Agreement. This Agreement is valid from the date of entry into force for an indefinite period.
9.2. The Company has the right to amend the terms of this Agreement at any time. Changes to the terms of the Agreement are carried out by amending the existing version of the Agreement, or creating a new version of the Agreement, and become binding on the Company and the User (come into force) from the date the Company publishes a new version of the Agreement or changes made to the Agreement in the Appendix. If the User does not agree with the changes, he has the right to refuse to execute this Agreement in the manner specified below, which does not relieve the User from fulfilling his obligations that arose before the termination of relations under the Agreement, while the User undertakes to stop using the Application.
9.3. If the User has not refused to execute the Agreement (has not submitted an application (notice) for termination (clause 9), it is considered that the User has read, understood, agrees to comply with the Agreement in the new version or changes to it and unconditionally accepts the specified new version of the Agreement or changes to it from the date of their entry into force. The User independently monitors the Application on a periodic basis for changes in the terms of the Agreement. The risk of non-compliance with this requirement lies entirely with the User.
9.4. The Company and the User have the right to refuse to execute this Agreement by notifying the other Party of this no later than seven calendar days before the expected date of termination of the Agreement. At the same time, the initiator of termination of the Agreement undertakes to fulfill all its obligations arising from the Agreement no later than the date of termination of the Agreement.
9.5. Cancellation of the Agreement at the initiative of the User is carried out within the time limits stipulated by this Agreement, on the basis of a personally signed application (notice) of the User, transferred by the User to the Company (in person, by courier, by mail), or, in the absence of objections from the Company, the User can send a scan of the signed them statements (notices) by e-mail to support@cooty.id.
9.6. The Company has the right to unilaterally out of court refuse to execute the Agreement in case of violation by the User of any of his obligations, statements and guarantees provided for in the Agreement. In this case, the Agreement is considered terminated at the moment of sending a notification to the User through the Application (sending a push notification) or sending SMS messages, or by e-mail. In the event that at the time of notification the TS is rented, the User undertakes to immediately terminate the rental in compliance with the requirements for the completion of the lease and parking.
9.7. In terms of unfulfilled obligations of the Parties, the Agreement terminated for any reason shall continue to be valid until the fulfillment of these obligations in full.
10. MISCELLANEOUS
10.1 Unless otherwise expressly provided in this Agreement, from the moment it enters into force, the Company and the User recognize the legal force of the documents sent by e-mail (the Company's e-mail addresses indicated on the Site in the Application, and the User's e-mail addresses indicated during the Registration process). Agree that these documents are equivalent to documents drawn up on paper and signed with the handwritten signature of the person concerned.
10.2 From the moment this Agreement enters into force, the Company and the User recognize the legal force for messages and actions sent and committed, respectively, through the use of the Application on behalf of the User, as well as using the phone number specified by the User during Registration.
10.3 When the User is outside the territory of the Republic Indonesia or when the User indicates the mobile phone number of a foreign mobile operator during Registration, as well as for the purposes of receiving messages / notifications provided for in this Agreement, the User assumes all risks of late receipt or non-receipt by the User of messages from the Company.
10.4 Messages sent to e-mail are considered received by the addressee at the time they are sent.
10.5 The User undertakes to notify the Company about a change in the place of residence (registration), mobile phone number, e-mail address, other data provided by the User to the Company, about a change in the name, surname, change in the details of an identity document, change in the data of a document confirming the right of a foreign citizen/stateless person for stay (residence) on the territory of the Republic Indonesia, change of citizenship, other personal data, as well as the loss of the above data by contacting the Support Service. The Company is not responsible for any consequences related to the change of the User's data specified in this clause of the Agreement, if the User did not notify the Company about the circumstances specified in this clause of the Agreement, and / or provided the Company with incorrect data.
10.6 The User acknowledges that the Application is sufficient to ensure proper operation when receiving, transmitting, processing and storing information, as well as to protect information from unauthorized access, confirm the authenticity and authorship of electronic documents sent using them, as well as to resolve conflict situations. The User trusts the Software and Applications.
10.7 The application is the intellectual property of the Company, any use is allowed only on the basis of the permission of the Company. Use Applications without the permission of the Company in any way and for purposes other than those permitted by the Agreement is illegal and cause the User to be responsible.
10.8 To the extent not regulated by this Agreement, the relationship between the Company and the User is further regulated by the current laws of the Republic of Indonesia.
10.9 The Company has the right to use a facsimile reproduction of the signature of an authorized person of the Company (by means of mechanical or other copying) in any documents, including this Agreement and/or related messages and notices. The parties recognize the legal force behind such documents.
10.10 For all questions related to the use of the Application with all claims, the User can contact the Support Service. When filing a claim with the Company, the User must provide documents confirming the validity of the claim, as well as indicate his data provided by him during Registration.
10.11 A User who has not accepted the terms of this Agreement, or who has accepted them by mistake, must inform the Company about this and is not entitled to use the Application.
10.12 This Agreement is drawn up in English and translated into Bahasa Indonesia.
11. APPLICABLE LAW
This agreement is subject to and interpreted in accordance with the laws in force in the Republic Indonesia. This agreement is made in two languages (Indonesia and English). If there is a discrepancy or contradiction between the two languages, the English version will prevail. While the Indonesia version will be changed to match the English version.
12. DISPUTES RESOLUTION AND COMPETITION
Any and all disputes, conflicts, or conflicts arising out of or in connection with this agreement, will be resolved by the Parties amicably through a negotiation process and complaint procedure, if the matter cannot be resolved within 30 (thirty) working days it will be resolved amicably. exclusively within the jurisdiction of the courts of the Republic of Indonesia.
1. TERMS AND DEFINITIONS
The following terms used in this Agreement have the meanings defined below. Any other terms used in the Agreement that are not defined in this section shall have the meanings that are usually given to them in the relevant industry/field.
1.1 Company shall mean PT ETTO LETTO GROUP that is a Limited Liability Company established under the Law of the Republic of Indonesia with a Decree from the Ministry of Law and Human Rights Number: 57 dated 18-02-2021 with the latest Amendment Deed based on the Circular Resolution Number: 75 dated 27-05-2022 operating under the brand and application name "COOTY".
1.2 User means an individual who meets the requirements of this Agreement, who has passed the Registration / Authorization procedures and unconditionally accepted this Agreement in accordance with its requirements.
1.3 Potential User means for the purposes of this Agreement and depending on the context, the User may be understood as an individual who meets the requirements of this Agreement but has not completed the Registration procedure and has not accepted this Agreement.
1.4 Website – cooty.id
1.5 Application or Mobile Application "COOTY" means a software designed to work on smartphones, tablets, and other mobile devices, developed for iOS and Android platforms, allowing the User to find and rent TS. All exclusive rights to the Application, as an intellectual property object, belong to the Company.
1.6 Device means the User's electronic device connected to the Internet, operating on the basis of the iOS or Android operating systems, enabling the User to Register / authorize, and also (depending on the functionality of the Device) the ability to use the Application. Devices include, without limitation, computers (including laptop/laptop, desktop, Macintosh computers), mobile phones (including smartphones and communicators), PDAs (including tablet devices).
1.7 TS means an otoped that is a vehicle on two wheels driven by pushing off the ground with the foot in a standing position and with the help of an electric motor.
1.8 Tarif means the TS rental rate displayed on the Website and/or in the Application with a nominal value of IDR. 2,500/minute;
1.9 Registration of the User means the commission by the User, the interested party, and the Company of a certain set of actions fixed in this Agreement, in the Appendix.
1.10 Application fee means the fee that the User is required to pay for the right to use the TS through the application.
1.11 Authorization of the User means the implementation of a certain set of actions fixed in this Agreement in the Application in order to identify the registered User for subsequent use of the Application.
1.12 Gender reference means all articles and clauses referred to in this Agreement apply equally to both male and females Users
1.13 Support Service means is a structural subdivision of the Company that provides twenty-four hours, seven days a week, without days off and holidays, consulting support for Users, assistance to Users and informing them in the process of providing the use of the Application. Support and information are carried out when the User contacts the Support Service. by the phone number specified in the Application.
1.14 Privacy Policy means a document posted in the Application that regulates the purposes, methods, and procedure for obtaining, processing and storing information about the User in order to provide access to the Application.
2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS
2.1 In accordance with this Agreement, the Company grants the User a revocable non-exclusive right to use the COOTY Mobile Application, with the right to use the Application to search for available TS and rent them, and the User undertakes to pay the Company a application Fee.
2.2 The application fee rates are specified in the Appendix. Using the Application means that the User agrees and accepts the amount of the application Fee. If the User does not agree with the tariff stated in the Appendix, he is obliged to refrain from using the Application.
2.3 The application fee is deducted by the Company from the bank card linked by the User to the Application each time the Application is used to search for and rent a TS.
2.4 Use of the Application is allowed only in the ways provided for in this Agreement.
2.5 The User guarantees that he will not use the Application in violation of the provisions of the prevailing laws and regulations, the provisions of this agreement, which have an impact on harming the company or third parties.
2.6 The User is required report any errors or malfunctions that occurred during the use of the Application to the Support Service.
3. REGISTRATION AND AUTHORIZATION OF THE USER
3.1 Use of the Application is possible only if the User is registered in the application and authorized accordingly in the application in accordance with the sequence of actions established by this agreement.
3.2 To Register the User in the Application, the User independently uploads or downloads the Application Device using the AppStore (itunes.apple.com) and / or Google Play (play.google.com) on the Internet.
3.3 To Register the User in the Application, the User fills out a questionnaire, providing the information required in this questionnaire, including the information specified in clause 5.1 of this Agreement.
3.4 The User cannot complete the Registration without accepting the terms of this Agreement by ticking the checkbox "I agree with the terms and conditions and accept the User Agreement"or by clicking the "Accept" button in the Application.
3.5 Before performing the actions specified in clauses 3.3, 3.4 of this Agreement, the User enters his mobile phone number, password to enter his personal account. Subsequently, when authorizing in the Application, the login for access to the User's personal account is the mobile phone number specified by the User during Registration.
3.6 After the User provides data in accordance with clause 3.3 of this Agreement, the Company within 5 (five) working days checks the User and the data provided by him, and within the same period, based on the information provided by the User and / or received by the Company from third parties, the company decides about the possibility of User Registration. The Company will inform the User about the decision taken in any way convenient for the Company.
3.7 If the User provides false information or unreadable information during Registration, or if the Company has reason to believe that the information provided by the User is false, the Company has the right, at its discretion, to block the User's access to use the Application. In addition, the Company has the right to refuse registration to the User without explanation at any stage.
3.8 Upon completion of the User Registration, the User's authorization, which implies the possibility of using the Application in full, is carried out by entering the mobile phone number and code received via SMS.
3.9 The User undertakes to keep secret the login and password, as well as other data through which access to the Application can be obtained on behalf of the User. In case of loss of the login, password, or if there is reason to believe that a third party has taken possession of this data (as well as other data), the User is obliged, using the contact details specified by him during Registration, to submit a request to the Company (by sending it to the Company's email address support@cooty.id or by contacting the Support Service) to block access to your personal account, and then generate new password, and in agreement with the Company, A request to block access to the personal account is considered by the Company within 1 (one) hour from the moment the request was sent. All risks arising from the failure to fulfill this obligation by the User are borne by the User.
3.10 Upon completion of the Registration, all calls to the Support Service are made by the User from the mobile phone number specified when filling out the questionnaire, or from another phone number, subject to the User shall providing additional data at the request of the Support Service employee.
3.11 The User can change the mobile phone number specified during Registration by contacting the Support Service or by e-mail at support@cooty.id The Company informs the User about the change of the mobile phone number specified during Registration to a new number by sending an SMS message to the new mobile phone number.
3.12 If the User successfully completes the Registration process in the Application, the User must link (enter data) to the Application their bank cards, which are automatically integrated with the Application and from which funds will be debited against the License Fees provided for in this Agreement, with notification as a reminder, the notification will be sent through the User’s contact (without requiring additional consent from the user). It is allowed to use bank cards only of those payment systems that are specified in the Application, with the possibility of making Internet payments. The possibility of making Internet payments is provided by the User independently through the issuing bank of the bank card. Funds against payments stipulated by the Agreement from any cards linked by the User to the Application may be debited by the Company in case of insufficient funds or impossibility of debiting from the main bank card indicated (selected) and linked by the User to the Application.
3.13 Users are prohibited to link other persons bank cards, if this happens it will result in blocking the User's account and the User will be fully responsible at his own expense to replace all funds that have been debited to the other persons actual bank card holder.
3.14 The User shall connect the bank card and virtual wallet, before starting to use the Application. To start using the TS, the user must unlock the TS which is subject to a fee of IDR. 5,000 (five thousand rupiahs) and then can choose to purchase a travel package that is provided according to the user's needs at the lowest package price of IDR. 50.000 (fifty thousand rupiah), IDR. 150.000 (one hundred and fifty thousand rupiah) up to a maximum package price of IDR. 300.000. (Three hundred thousand rupiah), User can purchase packages repeatedly and continuously according to the user's needs for TS usage, after the package purchase is successful, the User can scan Qr on the TS and start the journey.
4. USER STATEMENTS.
By accepting the terms of this Agreement, the User declares that:
4.1 Users are legal subject according to the laws and regulations of the Republic of Indonesia are capable and able to bind themselves in agreements.
4.2 The User understand and agrees that these term and conditions of use and the attachments are an agreement in electronic form, the user’s act of registering when opening an account and checking the box “I agree to the terms and conditions” is a form of your user’s active consent to be bound by this agreement.
4.3 The User reads, understands the meaning and significance of the provisions of the Agreement and it’s specified attachments, agree to its contents and accepts it without conditions and exceptions, promises to comply with the conditions stipulated, willing to be responsible for the partial of total non-fulfillment the provisions of this agreement.
4.4 The User has read, understood and agreed to the contents of all terms of the privacy policy.
4.5 The User understands all consequences of actions at the time of registration as well as when using the application.
4.6 The User provided the Company with complete and valid data regarding personal data and other data required during registration.
4.7 The User meets all requirements to drive a TS in accordance with the provisions of the laws and regulations of the Republic of Indonesia.
4.8 The User agrees with the placement in the TS of any equipment that allows you to track and record the exact coordinates of the TS.
4.9 The User agrees to be responsible for providing compensation in the amount of the loss suffered by the company resulting from the violation of any guarantees and obligations under this agreement by the user.
4.10 The User acknowledges and agrees that this Agreement may be amended and/or renewed from time to time. The Company will include an amended and/or updated version of the agreement in the application. The amended and updated agreement will enter into force upon inclusion in website or application without notification. The User is independently required to read the terms and conditions in the agreement from time to time because the terms and conditions in this agreement may change at any time without notification to the user, by continuing to access and use this application the user agrees to the changes regarding this terms and conditions.
4.11 The User acknowledges and agrees to receive any notices, messages, information, and letters from the Company in any format, the notification will be sent either via SMS to the User's telephone number, email or other communication media based on the User's personal data linked by the user at the time registration as long as the contents do not conflict with the laws and regulations of the Republic of Indonesia.
4.12 The User recognizes the legal force for documents sent by the Company through the Application as for personally signed documents, for actions performed through the Application;
4.13 The User recognizes that the means of identification used by the Company are sufficient to identify the person from whom the relevant documents and actions originate;
4.14 If the User checks the box "I agree to the terms and conditions” and accept the user agreement or press the "accept" button without carefully reading the terms and conditions in this agreement and its attachments then the risk incurred is the full responsibility of the user and the user hereby declares that he will release the company from claims and damages regarding this matter.
5. USER CONSENT
5.1 Subject to the Privacy Policy, the User agrees to the processing and cross-border transfer by the Company of the personal data provided by him (as well as received from any third parties): full name, date, month and year of birth, place of birth, series and number of an identity document (passport or other document replacing it), information about the address of registration at the place of residence, contact details, including (but not limited to) phone number, email address, data on the presence (absence) of medical contraindications to the use of the vehicle, biometric data (photos), data on the location work, positions, as well as other personal data and User confirms that by giving such consent, he acts of his own free will and in his own interests.
5.2 Consent to the processing of personal data is given by the User for the purposes of concluding and executing this Agreement, providing additional services, participating in promotions, surveys, research conducted by the Company (including, but not limited to conducting surveys, research via electronic, telephone and cellular communications), making decisions or performing other actions that give rise to legal consequences in relation to the User or other persons, providing the User with information about the services provided by the Company, the provision of consulting services by the Company, and applies to all information specified in clause 5.1 of the Agreement.
5.3 The processing of the User's personal data is carried out by the Company in the amount necessary to achieve each of the above goals, in the following possible ways: collection, recording (including on electronic media), systematization, accumulation, storage, listing, marking, clarification (updating, changing ), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data, obtaining an image by photographing, as well as performing any other actions with the User's personal data subject to the current law and regulations of the Republic of Indonesia. . Processing is carried out both with the help of automation tools and or without the use of such tools.
5.4 The User confirms that the consent given by him to the processing of personal data is valid indefinitely from the moment they are provided by the User to the Company.
5.5 The User has the right to withdraw his consent to the processing of personal data by sending the appropriate written notice to the Company at least 60 (sixty calendar) days before the withdrawal of consent, while the User acknowledges and understands that access to the Application will not be provided by the Company from the moment when The Company has lost the ability to process the User's personal data.
5.6 The User acknowledges and confirms that if it is necessary to provide personal data to achieve the above goals to a third party (including authorized state bodies), as well as when third parties are involved in the performance of work (rendering of services), the transfer by the Company of its functions and powers to another person (assignment, including for consideration of the possibility of assignment and making a decision on the assignment, debt collection, etc.), the Company has the right, without obtaining additional consent from the User, to the extent necessary to disclose information about the User personally (including personal data) to perform the above actions ) to such third parties, their agents and other persons authorized by them, as well as to provide such persons with relevant documents containing such information, in compliance with the requirements of the legislation of the Republic Indonesia.
5.7 The User acknowledges and confirms that the Company, on the basis of a confidentiality agreement concluded with their partner or third parties, has the right to transfer personal data to them and carry out cross-border transfer of personal data of Users solely for the purposes provided for in this User Agreement.
5.8 The User acknowledges and confirms that in the event that the Company considers issues of assignment of rights under agreements concluded with the User, consent to the transfer of his personal data and data on his agreements to third parties in this case - potential assignees in order to resolve the issue of concluding an assignment agreement with the Company - is considered provided by the User to the Company. In case of assignment of rights under this Agreement, the Company does not require additional consent from the user The User hereby agrees not to receive any notification of the assignment made by the Company in accordance with this clause of the Agreement.
5.9 The User agrees to receive advertising messages from the Company containing advertisements for goods and services sold by the Company and/or its partners and/or other third parties to the email address and mobile phone number (including accounts linked to it in WhatsApp, Viber messengers, Telegram, etc.) specified by the User during the Registration process, as well as other email addresses and mobile phone numbers (including accounts linked to them in WhatsApp, Viber, Telegram, etc.) provided by the User to the Company in accordance with this Agreement. If the User applies to the Company with a request to stop the distribution of advertising messages to him, the Company undertakes to immediately stop such distribution in relation to the User who made the relevant request.
5.10 The User consents to the debiting by the Company or, on its behalf, by the agent (payment system) attracted by it of funds from its bank card to pay off any payments provided for by the Agreement and it’s Annexes/Attachments with a notification as a reminder, such notification will be sent through the User's contact without obtaining additional User consent is limited but does not include remuneration for fines, penalties, damages, expenses and expenses of the company arising from non-performance or improper performance of the agreement, additional insurance amounts, deductible amounts, other amounts in cases regulated by the current laws of the Republic of Indonesia that must obtain prior approval.
5.11 The User agrees that the Company will record the User's contacts (conversations) with the Support Service and provide such a record to third parties.
5.12 The User agrees that the Company and / or its partners (payment systems) during the term of the Agreement store the data of the bank account and / or bank card of the User, through which the User makes payments under the Agreement.
6. WARRANTY, OBLIGATIONS AND LIABILITY OF THE USER
6.1 The User guarantees that he will use the Application only for personal non-commercial purposes, not related to business activities and only in accordance with the terms of this Agreement.
6.2 The User guarantees that he will not carry out the Registration on behalf of another person and / or transfer the registration data to third parties.
6.3 The User guarantees he is the rightful owner of all bank cards registered and associated with the Application.
6.4 The User understands and agrees that for the proper use of the Application, he himself must ensure the proper speed of the Internet connection of the Devices. Before using the Application, the User must independently verify that his Device has the necessary characteristics for this. All issues related to the acquisition of Internet access rights, the purchase and adjustment of the relevant Devices and software products for this purpose are resolved by the User independently and at his own expense and are not subject to the Agreement.
6.5 The User is fully responsible for all thing and all actions carried out in the Application on behalf of the User or using the User’s account.
6.6 User shall not allow any third party to access, use User login and password. The User is fully responsible for all risks and releases the Company from any responsibility for possible damage, loss or corruption of data that may occur due to violation of this provision by the User. The User undertakes to take appropriate measures to protect and keep confidential the information used for authorization in the Application, including login and password, from unauthorized use by other persons and immediately inform the Company of the relevant information if such use is discovered. The user bears all risks of adverse consequences associated related to the absence of notification to the company regarding this matter.
6.7 The User undertakes to independently track changes in the terms of this Agreement in the Application.
6.8 The User undertakes not to use any technologies and not to take any actions that could harm the Application, the interests and property of the Company.
6.9 The User consciously promises without any coercion from any party to comply with the terms and conditions in this agreement along with additions and any changes or updates thereof.
6.10 The User is fully responsible and willing to provide compensation in the amount of the value of the loss suffered by the Company in the event of a loss to the Company and undertakes to settle claims at his own expense for legal claims submitted to the Company from third parties as a result of violations of the provisions of this agreement by the User.
6.11 The User is responsible for the non-fulfillment of part or all of the obligations under this Agreement in accordance with the applicable legal provisions.
6.12 The User promises to notify the Company if there is a change in the cellphone number and other data registered at the time of Registration, the User is fully responsible for and releases the Company from responsibility for all risks and losses resulting from the absence of notification of such changes to the Company.
6.13 The User promises to comply with traffic rules and regulations. The User is responsible for compensating for damages in the event of an accident due to the User's fault or the fault of another party. In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service
6.14 The User knowingly and without coercion from any party accepts the terms of the contents of this agreement as well as any additions or any changes or updates thereof. The User confirms that he has fully carefully read these terms and conditions and understands its contents. By continuing to access and use the application, the user agrees to the changes in these terms and conditions.
6.15 The user is fully responsible for any damage incurred to third parties and/or to their property as a result of the negligence of using the TS rental.
6.16 At the end of the use of TS, leave in accordance with this agreement, with all property attached to the vehicle in a place that is not prohibited from being placed without blocking the exits from the buildings, entry and exit from the adjacent territories and without occupying a large space on the sidewalks (parking zones are shown on the map).
6.17 During the period of using TS, Users will periodically receive notifications regarding the amount and remaining balance for using TS;
6.18 If the User’s remaining balance is insufficient to continue the trip with the aim that the user can park the TS in the permitted parking zone area according to the map, the User will receive a notification again that the auto debit will be implemented immediately with a mechanism if the funds in the User’s virtual account are insufficient, then the company is authorized to debit the remaining balance from the bank card linked by the User;
6.19 Auto debit as referred to in point 6.18 will be a minimum of IDR. 50,000 (fifty thousand rupiah) and will be auto debit continuously until the User can park the TS in the permitted parking zone area according to the map, therefore, after User receives additional usage balance from the auto debit the user is expected to park the TS in permitted parking areas;
6.20 If after the user has parked the TS in the permitted parking area there is a remaining usage balance, then the remaining usage balance originating from auto debit from both the user’s virtual account and bank card will be returned to the user’s virtual account where the remaining balance can be applied to further using of the TS;
6.21 By checking the "I agree with the terms and conditions" box and accepting the User agreement or pressing the "accept" button, the User agrees, complies with and accepts the terms and conditions regarding auto debit in using TS services as mentioned in points 6.18 and 6.19, if the User does not agree on this matter, the User is obliged to refrain from using TS services.
6.22 If the TS cannot be used, the User must immediately notify the Support Center service regarding this, the user is obliged to follow the instructions from the operator.
6.23 Failure to return the TS in accordance with the rules of this Agreement will be considered its loss until it is discovered. In case of loss of the TS, the User undertakes to compensate for the damage in the amount of the replacement cost of the TS according to the price list in cooty.id.
6.24 In case of theft of the TS before its return, the User undertakes to immediately report this to the User Support Service, no later than 3 (three) hours. In this case, the User must apply to the police with a statement about the theft of property and obtain an appropriate certificate from the police on the initiation of a criminal case or on the refusal to initiate a criminal case. The user must provide a copy of the certificate to the Company (User Support Service).
6.25 In case of detection of the TS, the Company returns to the User the funds deducted from the User’s bank card account in case of loss of the TS, minus the cost of damage to the detected TS, as well as the cost of using the TS.
6.26 In the event of a traffic or other accident involving the User, the User is obliged to immediately contact the User Support Service. In any case, the User remains responsible for the TS until the return.
6.27 In the event of loss of (damage) to the TS, the User is obliged to indemnify the company for the damage, the amount of which will be determined by the company, if the user does not agree with the calculations made, he has the right to submit to the company to resolve the dispute in the manner specified in this article. this agreement. The Company must ensure that the TS is suitable for use before being given to the User and the User must sign the joint checking result form.
6.28 The User is solely responsible for all administrative fines imposed on the User in connection with administrative offenses committed by him when using the Application.
7. Refund
7.1 Refunds are made if as a result of a system error, the tariff or tariff option was switched to the User.
7.2 Return procedure: If there is an error in debiting funds from the bank account card registered by the User, the User must immediately report to the company by contacting the Company contact, namely at support@cooty.id. The Company has the right to require the User to provide a copy of the passport and documents confirming the erroneous write-off (account statements, etc.). The Company, no later than 10 (ten) working days, considers this appeal and takes measures on it,. Refunds are made to the User's bank account from which the withdrawal was made within 30 (thirty) working days, unless a longer period is established by internal banking procedures. The procedure for the return of funds is governed by the rules of Indonesia payment systems. Cash refunds are not allowed.
7.3 The Company has the right to refuse a refund if the User's funds are debited in accordance with the provisions of this agreement, the reasons for refusal information will be sent to the user through the phone number, email registered by the user.
8. WARRANTY AND LIMITATIONS OF COMPANY LIABILITY
8.1 The Company provides the User with access to the Application, as well as any information contained in the Application ("AS IS") without warranties of any kind. This means, among other things, that the Company:
a. is not responsible for the speed and smooth operation of the Application, their compatibility with the software and operating systems of the User's Devices;
b. is not responsible for the absence of errors and / or viruses during the operation of the Application, interruption of communication channels and failure of the server infrastructure at the level of trunk communication channels, data exchange centers, computer centers, as well as communication lines of regional and local importance, non-performance or improper performance its obligations due to failures in telecommunications and/or power networks, as well as unfair actions of third parties aimed at unauthorized access and/or disabling of the Application. The User agrees and acknowledges that he uses the Application solely at his own risk.
c. is not responsible for the proper functioning of the User's Device;
d. is not responsible for the non-compliance of the Application with the User's expectations;
e. is not responsible for the actions of the Users in the Application and for the consequences of the use of the Application by the Users.
8.2 If the User's Device does not support the display and operation of the Application, the Company does not guarantee access to the relevant resources and the possibility of their use / full use.
8.3 The Company is not responsible for the temporary inoperability of payment systems that ensure the acceptance and transfer of User payments, caused by reasons beyond the control of the Company, as well as (Force majeure) circumstances.
8.4 The Company is not responsible for violation of the terms of the Agreement if such violation is caused by force majeure circumstances (force majeure), including but not limited to actions and decisions of state authorities and / or local governments, fire, flood, earthquake, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances that may affect the Company's compliance with the terms of this Agreement.
8.5 The Company is not responsible for non-fulfillment or improper fulfillment of its obligations if this is caused by the actions/omissions of the User that are beyond the control of the Company.
8.6 The Application may contain products and/or services offered to the User on a paid and/or free basis by third parties. The Company is not a participant in the relationship for their provision/rendering, and is not responsible to the User and/or third parties for their presentation/rendering.
8.7 Application may contain links to websites, applications and other resources of third parties. The specified sites, applications and other resources of third parties and their materials are not checked by the Company for compliance with the requirements of the laws of the Republic of Indonesia and the Company is not responsible for their content.
8.8 A link to any site, application, resource, product or service, any information of a commercial or non-commercial nature posted in the Application does not constitute an endorsement or recommendation of the above by the Company. If the User decides to go to sites, applications, resources, products, services of third parties or use programs of third parties, then he does this at his own risk and releases the company from any liability in this regard.
8.9 The actions of any third parties, as well as the actions of payment systems, telecom operators are not the actions of the Company, and the Company is not responsible for them.
8.10 The Company is not responsible for placing the Application, links to it in any sources not authorized (not confirmed) by the Company (counterfeit application). If the User uses a counterfeit application, the Company does not bear any responsibility to him in connection with such use.
8.11 The Company guarantees the conscientious and lawful processing of the User's personal data in accordance with the purposes provided for in this Agreement and does not violate the provisions of the applicable laws and regulations.
8.12 The Company guarantees timely updating of the User's data in case of providing them with updated data.
8.13 The Company is liable only for direct actual damage caused as a result of culpable failure to fulfill the obligations of the Company, within the amount of all payments for the use of the Application (not including reimbursement of expenses, fines and losses) paid by the User of the Company for the entire period preceding the presentation of the relevant claim, but no more 12 (twelve) months.
8.14 The Company is not responsible for the use of the Application from the User's Device by third parties, in connection with which all actions performed from the User's Device are considered the actions of the User. If any person gains access to the Application and the ability to use them on behalf of the User, the User is obliged to immediately notify the Company in writing (by e-mail) or by contacting the Support Service. Otherwise, all actions performed on behalf of the User using the Application will be regarded as actions performed directly by the User.
8.15 The company is not responsible for providing compensation to the User as a result of losing the user's personal belongings when using TS so the User is reminded to be careful when carrying their personal belongings and hereby the user declares full responsibility and releases the company for the risk of loss their personal belongings during the period of TS rental.
9. TERM OF THE AGREEMENT. PROCEDURE FOR MODIFICATION AND WITHDRAWAL OF THE AGREEMENT
9.1. The User accepts this Agreement by performing the actions specified in clause 3.4 of this Agreement. The date when the User performs the specified actions is the date of entry into force of this Agreement. This Agreement is valid from the date of entry into force for an indefinite period.
9.2. The Company has the right to amend the terms of this Agreement at any time. Changes to the terms of the Agreement are carried out by amending the existing version of the Agreement, or creating a new version of the Agreement, and become binding on the Company and the User (come into force) from the date the Company publishes a new version of the Agreement or changes made to the Agreement in the Appendix. If the User does not agree with the changes, he has the right to refuse to execute this Agreement in the manner specified below, which does not relieve the User from fulfilling his obligations that arose before the termination of relations under the Agreement, while the User undertakes to stop using the Application.
9.3. If the User has not refused to execute the Agreement (has not submitted an application (notice) for termination (clause 9), it is considered that the User has read, understood, agrees to comply with the Agreement in the new version or changes to it and unconditionally accepts the specified new version of the Agreement or changes to it from the date of their entry into force. The User independently monitors the Application on a periodic basis for changes in the terms of the Agreement. The risk of non-compliance with this requirement lies entirely with the User.
9.4. The Company and the User have the right to refuse to execute this Agreement by notifying the other Party of this no later than seven calendar days before the expected date of termination of the Agreement. At the same time, the initiator of termination of the Agreement undertakes to fulfill all its obligations arising from the Agreement no later than the date of termination of the Agreement.
9.5. Cancellation of the Agreement at the initiative of the User is carried out within the time limits stipulated by this Agreement, on the basis of a personally signed application (notice) of the User, transferred by the User to the Company (in person, by courier, by mail), or, in the absence of objections from the Company, the User can send a scan of the signed them statements (notices) by e-mail to support@cooty.id.
9.6. The Company has the right to unilaterally out of court refuse to execute the Agreement in case of violation by the User of any of his obligations, statements and guarantees provided for in the Agreement. In this case, the Agreement is considered terminated at the moment of sending a notification to the User through the Application (sending a push notification) or sending SMS messages, or by e-mail. In the event that at the time of notification the TS is rented, the User undertakes to immediately terminate the rental in compliance with the requirements for the completion of the lease and parking.
9.7. In terms of unfulfilled obligations of the Parties, the Agreement terminated for any reason shall continue to be valid until the fulfillment of these obligations in full.
10. MISCELLANEOUS
10.1 Unless otherwise expressly provided in this Agreement, from the moment it enters into force, the Company and the User recognize the legal force of the documents sent by e-mail (the Company's e-mail addresses indicated on the Site in the Application, and the User's e-mail addresses indicated during the Registration process). Agree that these documents are equivalent to documents drawn up on paper and signed with the handwritten signature of the person concerned.
10.2 From the moment this Agreement enters into force, the Company and the User recognize the legal force for messages and actions sent and committed, respectively, through the use of the Application on behalf of the User, as well as using the phone number specified by the User during Registration.
10.3 When the User is outside the territory of the Republic Indonesia or when the User indicates the mobile phone number of a foreign mobile operator during Registration, as well as for the purposes of receiving messages / notifications provided for in this Agreement, the User assumes all risks of late receipt or non-receipt by the User of messages from the Company.
10.4 Messages sent to e-mail are considered received by the addressee at the time they are sent.
10.5 The User undertakes to notify the Company about a change in the place of residence (registration), mobile phone number, e-mail address, other data provided by the User to the Company, about a change in the name, surname, change in the details of an identity document, change in the data of a document confirming the right of a foreign citizen/stateless person for stay (residence) on the territory of the Republic Indonesia, change of citizenship, other personal data, as well as the loss of the above data by contacting the Support Service. The Company is not responsible for any consequences related to the change of the User's data specified in this clause of the Agreement, if the User did not notify the Company about the circumstances specified in this clause of the Agreement, and / or provided the Company with incorrect data.
10.6 The User acknowledges that the Application is sufficient to ensure proper operation when receiving, transmitting, processing and storing information, as well as to protect information from unauthorized access, confirm the authenticity and authorship of electronic documents sent using them, as well as to resolve conflict situations. The User trusts the Software and Applications.
10.7 The application is the intellectual property of the Company, any use is allowed only on the basis of the permission of the Company. Use Applications without the permission of the Company in any way and for purposes other than those permitted by the Agreement is illegal and cause the User to be responsible.
10.8 To the extent not regulated by this Agreement, the relationship between the Company and the User is further regulated by the current laws of the Republic of Indonesia.
10.9 The Company has the right to use a facsimile reproduction of the signature of an authorized person of the Company (by means of mechanical or other copying) in any documents, including this Agreement and/or related messages and notices. The parties recognize the legal force behind such documents.
10.10 For all questions related to the use of the Application with all claims, the User can contact the Support Service. When filing a claim with the Company, the User must provide documents confirming the validity of the claim, as well as indicate his data provided by him during Registration.
10.11 A User who has not accepted the terms of this Agreement, or who has accepted them by mistake, must inform the Company about this and is not entitled to use the Application.
10.12 This Agreement is drawn up in English and translated into Bahasa Indonesia.
11. APPLICABLE LAW
This agreement is subject to and interpreted in accordance with the laws in force in the Republic Indonesia. This agreement is made in two languages (Indonesia and English). If there is a discrepancy or contradiction between the two languages, the English version will prevail. While the Indonesia version will be changed to match the English version.
12. DISPUTES RESOLUTION AND COMPETITION
Any and all disputes, conflicts, or conflicts arising out of or in connection with this agreement, will be resolved by the Parties amicably through a negotiation process and complaint procedure, if the matter cannot be resolved within 30 (thirty) working days it will be resolved amicably. exclusively within the jurisdiction of the courts of the Republic of Indonesia.
