Terms and Conditions

About Terms of Use

Please read these Terms of Use carefully. This is an electronic agreement and by registering or using any part of the System, you confirm that you have read, understood, accepted and agreed to 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.

Definition and Interpretation

In these Terms of Use, the following terms have the meanings explained below:

• Account means the registered account that you obtain to access the system as a User;
• Affiliate, means in relation to a party, any entity that controls, is under control, or is under common control, with that party, where control means direct or indirect ownership of more than 50% of voting capital or similar ownership rights of such party or the legal power to direct or cause general management directives and policies of such parties, whether through voting capital, by contract or not, and control shall be construed accordingly;
• Applicable law, means any applicable law, enforcement, ordinance, regulatory policy, ordinance, protocol, industry code, road traffic code, regulatory permit, regulatory license or requirement of any court, court or government, tribunal, statutory, judicial, administrative authority or body or supervisor, which applies from time to time during the term of these Terms of Use;
• Company group means a person and their Affiliates (and Group Companies will be construed accordingly);
• Local Provisions are complementary or alternative terms for a particular country, city, municipality, metropolitan area or region that apply to you.
• Mobile Devices is a smart phone, tablet or other mobile device owned or controlled by you that you use to connect to the User Application;
• Policy means any policies, guidelines or directives that apply to Users, as notified to you by Rapel from time to time, and as may be updated by Rapel from time to time, including those contained here;
• Special Provisions are complementary or alternative provisions that may apply to certain specific parts of the Transportation System and or Service, as may be notified to You from time to time;
• System means the system provided by Rapel;
• Terms of Use means these Rapel User Terms of Use, all applicable Local Terms and all applicable Special Provisions;
• User means the registered end user of the User Application;
• User Application is an electronic application provided by Rapel and or Rapel Group Companies.
• Website is any website operated by the Rapel Group Company from time to time.

In these Terms of Use (unless the context otherwise requires):

(a) references to “write” do not include email unless otherwise specified; and (b) any phrases introduced by the terms “including”, “include”, “in particular”, “for example”, or similar expressions which describe and do not limit the meaning of the words before those terms. These Terms of Use are compiled in Indonesian. If these Terms of Use are translated into another language, the Indonesian text will apply. In case of inconsistency, the following order of priority applies: first, (i) Local Provisions; then (ii) Special Provisions; and finally (iii) other parts of these Terms of Use.

In these Terms of Use (unless the context otherwise requires): (a) the reference to "write" does not include email unless otherwise specified; and (b) any phrases introduced by the terms “including”, “include”, “in particular”, “for example”, or similar expressions which describe and do not limit the meaning of the words before those terms. These Terms of Use are compiled in English. If these Terms of Use are translated into another language, the English text will apply. In the event of an inconsistency, the order of priority below applies: first, (i) Local Provisions; then (ii) Special Provisions; and finally (iii) other parts of these Terms of Use.

Your Responsibilities

• Your commitment to Rapel

  3.1 You confirm that:

  • 3.1.1 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;
  • 3.1.2 you have reached at least the age where you are able to be legally bound by these Terms of Use by Applicable Law in the Territory;
  • 3.1.3 You will comply at all times with all Applicable Laws and Policies, and will notify Rapel if you violate any Applicable Laws or Policies;
  • 3.1.4 You will only use the System for lawful purposes and only for the purpose for which it is intended to be used;
  • 3.1.5 You must ensure that every document and information provided by you (or on your behalf) to Rapel or otherwise through the System at any time is accurate, up to date, complete and not misleading;
  • 3.1.6 You will only use internet access points and data accounts that you are authorized to use;
  • 3.1.7 You must not engage in fraudulent, deceptive or misleading behavior; and
  • 3.1.8 You shall not tamper with or circumvent the operation of the proper network on which the System operates.

• Your interactions with Transportation Providers and other Users

  3.2 Your order for Rapel creates a direct relationship between you and a third party provider, where Rapel is not a party. To the extent permitted by Applicable Law, Rapel is not responsible or liable for the actions or omissions of third party providers in relation to you. You have full responsibility for any liability or liability to the provider or other third parties arising from your use of third party services.

  3.3 You agree:

  • 3.3.1 To treat third party service providers and other users with respect, in accordance with policies, and not engage in unlawful, threatening or harassing behavior or activities while using third party services or the System;
  • 3.3.2 Not causing damage to third party property; and
  • 3.3.3 Do not contact service providers or third parties for purposes other than to receive and use third party services

  3.4 Service providers or third parties have their sole discretion whether to accept or reject requests for their services for any reason. Without limiting the foregoing, relevant third parties have the right to refuse to accept your order if they have reasonable grounds to suspect a violation of these Terms of Use, the Policy or Applicable Law.

  3.5 For the avoidance of doubt, Rapel does not support third party providers (including service providers), applications or websites that are available or connected to you through the System, and in any case Rapel, its licensors or one of its Affiliates is responsible for the content, products, services or other materials on or available from such third party providers. Each service provider's rating is intended to show the rating given by other users but is not an endorsement (or vice versa) by Rapel of that service provider.

• Complaint

  3.6 Even though the service provider is fully responsible for the service, if you have a complaint about the service you have received, Rapel has the right to handle the complaint through the Rapel complaint handling process. You agree to fully cooperate with the process and to submit any complaints you have through the User Application. Rapel also has the right to transfer your complaint to the relevant service provider and may choose, but is not required, to facilitate discussion with the service provider. Rapel's complaint handling process will not exclude legal rights or remedies that cannot be excluded or limited based on Applicable Law.

  3.7 If Rapel receives a complaint from a service provider or other person about you, Rapel has the right to transfer the complaint to you or handle the complaint through its complaint handling process. Again, you agree to fully cooperate with the process.

your account

4.1 To access the System as a user, you must register and maintain an account as a user application user.

4.2 You are responsible for all activities that occur on your account. You:

• 4.2.1 Must have only one Account;
• 4.2.2 Must keep your Account information confidential (including your login details and payment details);
• 4.2.3 You may not give other people access to your Account, including to transfer your Account or information from your Account to another person;
• 4.2.4 Must immediately notify Rapel if you suspect unauthorized access to or use of your account; and
• 4.2.5 You may not, if you are also a third party, use your account to make orders as a User that you will accept as a service provider, or collaborate with service providers or other users in a similar scheme.

4.3 Rapel has the right to block or refuse access to your account, and / or block the features available in the User Application, without prejudice to other rights and solutions:

• 4.3.1 If Rapel considers, in its sole discretion, that you have violated any of the provisions of these terms of use;
• 4.3.2 During the investigation;
• 4.3.3 If you owe money to Rapel or its Group Companies;
• 4.3.4 If these Terms of Use are terminated for any reason; or
• 4.3.5 At any time in Rapel's reasonable discretion.

Your use of the System

• Rights are granted and reserved

  5.1 Subject to your compliance with these terms of use, Rapel and its licensors grant you a revocable, limited, non-exclusive, non-transferable, royalty-free license during the term of these terms of use and in the Region, to access and use the system solely eye for your personal use for the purpose of connecting you with transportation providers in connection with transportation services.

  5.2 All rights that are not expressly granted to you based on these terms of use are protected by Rapel and its licensors. Nothing in these terms of Use transfers any ownership in or to the system in whole or in part to you.

• Prohibited behavior

  5.3 In using the system, you may not:

  • 5.3.1 License, sub-license, sell, resell, transfer, assign, distribute or commercially exploit or make available to any third party the system in any way;
  • 5.3.2 Modify or create derivative works based on the system, or reverse engineer or access the underlying software for any reason;
  • 5.3.3 Using the system to build competitive products or services, building products using the same ideas, features, functions or graphics as the system, copying System ideas, features, functions or graphics, or launching automated programs or scripts that can make multiple server requests per second, or which is too burdensome or impedes the operation and or performance of the System, or attempts to gain unauthorized access to the System or related systems or networks;
  • 5.3.4 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;
  • 5.3.5 Post, distribute or reproduce in any way material that is protected by copyright, trademark, or other proprietary information without obtaining the prior consent of the owner of such proprietary right, or remove any copyright, trademark, or other proprietary rights notices that contained in the System;
  • 5.3.6 Send or store any material for unlawful or fraudulent purposes;
  • 5.3.7 Send spam or other unsolicited messages, or cause annoyance, annoyance, inconvenience or make fake bookings;
  • 5.3.8 Send or store material that is infringing, obscene, threatening, slanderous, or unlawful or tortious;
  • 5.3.9 Send material that contains viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  • 5.3.10 Disturbing or disrupting the integrity or performance of the System or the data contained therein;
  • 5.3.11 Impersonating any person or entity or misrepresenting your affiliation with a person or entity;
  • 5.3.12 Deliberately misrepresenting your location; or
  • 5.3.13 Damaging the reputation of Rapel or one of its group companies in any way.

• Prohibited behavior

  5.3 In using the system, you may not:

  • 5.3.1 License, sub-license, sell, resell, transfer, assign, distribute or commercially exploit or make available to any third party the system in any way;
  • 5.3.2 Modify or create derivative works based on the system, or reverse engineer or access the underlying software for any reason;
  • 5.3.3 Using the system to build competitive products or services, building products using the same ideas, features, functions or graphics as the system, copying System ideas, features, functions or graphics, or launching automated programs or scripts that can make multiple server requests per second, or which is too burdensome or impedes the operation and or performance of the System, or attempts to gain unauthorized access to the System or related systems or networks;
  • 5.3.4 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;
  • 5.3.5 Post, distribute or reproduce in any way material that is protected by copyright, trademark, or other proprietary information without obtaining the prior consent of the owner of such proprietary right, or remove any copyright, trademark, or other proprietary rights notices that contained in the System;
  • 5.3.6 Send or store any material for unlawful or fraudulent purposes;
  • 5.3.7 Send spam or other unsolicited messages, or cause annoyance, annoyance, inconvenience or make fake bookings;
  • 5.3.8 Send or store material that is infringing, obscene, threatening, slanderous, or unlawful or tortious;
  • 5.3.9 Send material that contains viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  • 5.3.10 Disturbing or disrupting the integrity or performance of the System or the data contained therein;
  • 5.3.11 Impersonating any person or entity or misrepresenting your affiliation with a person or entity;
  • 5.3.12 Deliberately misrepresenting your location; or
  • 5.3.13 Damaging the reputation of Rapel or one of its group companies in any way.

• Restrictions on your use of the Transportation Service

  5.4 You may not use the Transport Service to:

  • 5.4.1 Committing a crime or doing something that is contrary to the Applicable Law; or
  • 5.4.2 injure or injure another person or violate the rights of another person.

  5.5 Service providers or third parties are asked to agree that they will be careful and provide their services safely. However, you are ultimately responsible for your own safety in your use of the service, and you should take all necessary precautions.

Your Mobile Device

• 6.1 Your access to user applications will be via mobile devices. 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. Rapel is not responsible 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.
• 6.2 If the Mobile Device is lost, stolen, damaged and/or no longer in your possession, and this exposes your account information to other people or affects Rapel's legal rights and/or recovery, you must immediately notify Rapel and follow the procedure notified by Rapel .
• 6.3 You are solely responsible for having a suitable internet and cellular plan and for any fees charged by your telecommunication service provider, such as telephone, SMS and internet data charges. You acknowledge that your use of the System may consume large amounts of data and that you will be solely responsible for such use and associated costs.

Financial terms

• User Application

  7.1 Downloading and or using user applications is provided for you to use the System and is provided royalty-free.
  User Fees

  7.2 The Provider or a third party has the right to charge you a fee for its services, which may include:

  • 7.2.1 Charges for each service instance;
  • 7.2.3 Any applicable cancellation fees; and
  • 7.2.4 Applicable taxes calculated in accordance with Applicable Laws (together, User Fees). Fees for each service agency, any cancellation fees and/or taxes (as applicable) will be calculated through the user application and all other fees will be entered manually by the service provider into the Driver application (without mark-up) and paid by you through the user application or according to the Policy. You have the right to agree with the Transportation Provider at a different fee for providing services, the fee agreed to be applied only after notification to Rapel and is reflected as a fee for third party services in the application.

  7.3 The User fee component may increase based on demand and other factors in your location. Rapel will always try to notify you about the increase through the user application and it is your responsibility to review the User Fee (or the basis for its calculation) carefully before choosing to buy its services. You will be deemed aware of, and you accept responsibility for, all User Fees incurred under your Account.

  7.4 Rapel can update the basis on which user fees are calculated through the system at any time at its absolute discretion. Any User fees on or after the date on which the renewal took effect will be subject to the updated calculations.

  7.5 User applications may give you the option to cancel certain third party services before they start. If you choose to do so, you may be required to pay a cancellation fee.

  7.6 You acknowledge and agree that Rapel can, to the extent permitted by applicable law, adjust or cancel user fees paid in connection with certain service virtual machines, act fairly (for example, when Rapel determines that there is an error in the original calculation, that you have not fulfilled these terms of use, that a fee is charged when it should not be (or vice versa), or in the case of a complaint)

• Promotion

  7.7 To promote the use of the System, Rapel may from time to time, at its sole discretion, offer promotions based on you meeting the specified criteria and complying with the specified requirements. You can choose to participate or not in the promotion. If you decide to participate, your right to benefit from the relevant promotion depends on you meeting all the specified criteria and complying with all the specified requirements, to Rapel's reasonable satisfaction. If you do not do so, you will not be entitled to the benefits of the relevant promotion. You agree that you will only use the promotion for its intended purpose and will not abuse, duplicate, sell or transfer the promotion in any way. You also understand that promotions cannot be exchanged for cash and may expire on a certain date, even before you use them.

• Payment

  7.8 You must pay the User Fee using the payment method offered through the User Application from time to time, including (if applicable) by cash, credit card or debit card or by using Rapel credit.

  7.9 If you choose to pay the User Fee through the user application, you give Rapel full power and authority to debit the relevant User Fee amount using your registered payment method and send money on your behalf to the Transportation Provider, after deducting (if any) the amount relevant by Rapel in accordance with the arrangements with the service provider.

  7.10 All payments must be in the local currency of the region.

• Tax

  7.11 These Terms of Use are subject to all applicable taxes, duties, fees, duties, and/or legal fees, however in denomination, as applicable and in respect of any applicable future taxes that may be imposed at any point in time.

  7.12 You agree to do everything necessary and required by applicable law to enable, assist and / or defend Rapel to claim or verify any input tax credit that applies, departs, rebates or refunds in connection with taxes paid or paid in connection with the system . and/or third party services.

Compensation and liability

• Compensation

  8.1 You must defend, indemnify and release Rapel, its licensors and affiliates of each of these parties and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities, and costs (including attorneys' fees and costs) arising out of or in connection with:

  • 8.1.1 Your violation of any provision of these Terms of Use or Applicable Law; and

    8.1.2 Your use of the System and or services, including:
    a. Any claim by you or anyone acting on your behalf that any Rapel company, not a service provider, is a third party provider;
    b. Any third party claims (including claims by third party service providers) arising from your use of third party systems and/or services; and
    c. In connection with any goods that you buy, obtain and or transport using third party services.

• The basis on which the system is provided

  8.2 The system is provided “as is” and “as available”. To the extent permitted by applicable law, Rapel disclaims all statements and warranties, express, implied or by law, except as expressly provided for in these Terms of Use, including guarantees of merchantability, suitability for a particular purpose, reasonable care and skills, and non-infringement.

  8.3 Without limitation in article 8.2, Rapel does not make any representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will not be interrupted or error-free, or will operate in combination with hardware, software software, system or other data, or that any data will be accurate or reliable.

  8.4 Rapel does not provide and is not responsible for providing or ensuring the provision of third party services. Rapel does not guarantee the quality, suitability, security or capabilities of service providers or other third party providers.

  8.5 The system may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including devices used by you or service providers that are damaged, not connected, out of range, turned off or not working. Rapel is not responsible for delays, delivery failures, damage or losses resulting from these problems.

  8.6 The timeline specified for the service is, unless expressly agreed otherwise by Rapel in writing, as an indication. Neither Rapel nor third parties make any guarantees, representations, or do anything that meets the specified deadline.

• Exceptions and limitations of liability

  8.7 Nothing in these terms of use limits or excludes any party's liability for death or personal injury caused by the party's negligence, for fraud, or for other liability to the extent that it cannot be limited or excluded under applicable law.

  8.8 To the extent permitted by Applicable Law, Rapel will not be responsible for:

  • 8.8.1 indirect, incidental, special, exemplary, punitive or consequential damages;
  • 8.8.2 Loss of use, loss of profit, loss of data, loss of business, loss of goodwill, loss of contract or loss of opportunity; and
  • 8.8.3 Personal injury or property damage, arising out of, related to or related to the Transportation System or Services, whether in contract, tort, breach of legal obligation or otherwise.
• 8.9 To the extent permitted by applicable law, and unless otherwise specified in special provisions, under any circumstances, Rapel will not have the maximum aggregate liability arising under and in connection with this system, service and or Terms of use, whether in contract, fault , violation of legal or other obligations, exceeding the User Fee paid by you to Rapel in connection with the first event that gave rise to a claim based on these terms of use.

  8.10 Unless stated otherwise in the Special Provisions, any claim that you have against Rapel under or in connection with the System, its services or these Terms of use must be notified to Rapel within one (1) year after the event that gave rise to the claim, failing which (as far as permitted by Applicable Law) you will forfeit any rights and remedies you may have with respect to such claim.

Terms and Termination

9.1 These Terms of Use will continue until terminated in accordance with their terms.

9.2 Rapel can end these Terms of Use, and/or suspend or stop your use of the system in whole or in part:

• 9.2.1 at any time for any reason by giving notice to you; and
• 9.2.2 Immediately, with or without notice, if you violate any of the provisions of these terms of use, without prejudice to Rapel's other rights and remedies.

9.3 You are not obligated to use the system and can stop using it at any time by permanently removing the user application from your mobile device, thereby disabling the use of the application by your users. These terms of use automatically terminate when you permanently delete the user's application from your mobile device.
9.4 Upon termination or expiration of these Terms of Use for any reason, you must:

• Immediately (and in any case within three days), pay the amount of money owed to Rapel (which will soon be due and payable upon termination or expiration), including unpaid payments in connection with third party services ordered by you before termination or expiration; and
• 9.4.2 Immediately remove and completely remove the User Application from your Mobile Device.

9.5 The parties will not have further obligations or rights based on these Terms of Use after the termination of the Terms of Use, without prejudice to any obligations or rights that have been obtained by either party at the time they were terminated, except for the provisions in the clause above.

Personal

10.1 You agree and consent to Rapel using and processing your personal information as stipulated in the privacy policy here, as amended from time to time.

Dispute

11.1 These Terms of Use (and any and all disputes arising from or in connection with these terms of use (including any alleged breach of, or challenge to the validity or enforceability, of these terms of use or any provision of this Agreement) shall be governed by the laws of Singapore except the law of in your region requires otherwise, in this case the law governing these terms of use is the law of your region.

General

12.1 Rapel will not be responsible for delays or failures in performance caused by causes beyond Rapel's reasonable control

12.2 You may not at any time disclose confidential information to anyone about the business, affairs, customers, clients or suppliers of Rapel or its affiliates.

12.3 Rapel can change these terms of use at its sole discretion from time to time. Rapel will make reasonable efforts 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 of the amendments. Otherwise, no additions or modifications to these Terms of Use are binding on the parties unless made in writing by the parties.

12.4 The rights of each party based on these terms of use can be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and can be waived only in writing and specifically. Delay in exercising or failing to exercise any right is not a waiver of that right.

12.5 These Terms of Use constitute the entire agreement and understanding of the parties related to the subject matter of these terms of use and replace any prior agreements or understandings between the parties related to the subject matter. The parties also hereby waive all implied terms. In entering these Terms of Use, the parties have not relied on any statements, representations, guarantees, understandings, undertakings, promises or guarantees of anyone other than those expressly provided for in these terms of use. Each party irrevocably and unconditionally waives all claims, rights and damages except for this clause that it may have in relation to any of the above. Nothing in these Terms of use excludes liability for fraud or other liability which cannot be limited or excluded under applicable Laws.

12.6 You may not assign, sub-license, transfer, sub-contract, or dispose of your rights or obligations, based on these terms of use without Rapel's prior written approval. Rapel can assign, sub-license, transfer, sub-contract, or release its rights or obligations based on these Terms of Use at any time without notification or approval (save to the extent required by Applicable Law).

12.7 If the Court or the relevant authority determines that any part of these terms of use is illegal, invalid or unenforceable under applicable law, the other parts of these terms of use will remain in full force and effect and the relevant parts will be replaced by lawful, lawful and enforceable terms and which, to the greatest extent possible, have an effect equivalent to the superseded parts of these terms of use.

12.8 A person who is not a party to these terms of use has no right to rely on or enforce any provision of these terms of use.

12.9 Rapel can provide notifications to you through public notifications that are published on the user application or website or to your email address listed in your account.