as of 20 December 2019
1. General Terms
2. Use of Malakar App and Services
You have a full discretion either to use the Malakar App or other apps, whether to use Services available on Malakar App, or to stop using the Malakar App.
We only facilitate You finding various Services You need by providing Malakar App. All Services are provided directly by independent third parties who agreed to become Our partners (“Service Provider”).
When ordering a Service, the Malakar App will connect You with the available Service Provider around Your location. Thus, some Services cannot be used if You do not activate the location feature.
Furthermore, if the Service Provider accepts Your order, We will inform Your order status through Malakar App.
3. Signing-up and Signing-in Malakar Account>
After registering, Our system will automatically generate a verification code and send the verification code via a text message to the mobile phone number You provided. You have to verify by entering the verification code on the registration page in the Malakar App.
After verifying, Our system will create personal Malakar account (“Account”) for You to use the Malakar App and order Services through Malakar App. Your mobile number is ascribed to Your account that You cannot create a new account with a registered mobile number. The same is true if You later change Your mobile number in the My Account feature in the Malakar App.
In the event that you have been logged-out from Your Account, then You need to enter your electronic mail address or mobile phone number and password you provided when registering Yourself, on the log-in page.
THE VERIFICATION CODE (ONE TIME PASSWORD/OTP) IS PRODUCED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES.
4. Your Account
Your Account can only be used by You and cannot be transferred to other people for any reason. We reserve the right to refuse to facilitate orders if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else.
The security and confidentiality of Your Account, including registered name, electronic mail address, registered mobile number, payment details and Payment Method you choose, as well as verification code generated and sent by Our or Payment Method Provider’s system are fully Your personal responsibility. All losses and risks arising from Your negligence in maintaining such security and confidentiality are borne by You. In such cases, We assume any use or order made through Your Account as Your legitimate request.
Immediately notify Us upon knowing or suspecting that Your Account has been used without Your knowledge and consent. We will take actions We consider necessary and We may do toward that unconsented use.
If You are a Service Provider, You shall not use Your personal Account or someone else’s account to order a service that You will receive Yourself as a Service Provider.
5. Personal Information
6. Content, Information and Promotion
Third-Party Contentmeans any information, data, or actual news, made, edited, developed, and/or maintained by the Third-Party Content Provider itself or obtained by the Third-Party Content Provider from other third parties, where the Third-Party Content Provider is responsible to procure any permission necessary to display such Content, including but not limited to texts or writings, images, quotes, photographs, illustrations, animations, videos, voice recordings or music, title, and/or descriptions to be exhibited on the Gojek App, including any link to the such.
All information, Offers contained in Gojek App are intended solely to provide You the best experience when using Gojek App or Services. You shall not abuse Offers received during the use of Gojek App or Services.
You agree to utilize the Offers in accordance with the terms, conditions, and purpose of the Offers and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the Offers in any form of manner whatsoever.
You understand that Offers are not exchangeable for cash, have a limited validity period and are subject to the conditions that apply to each of the Offers.
7. Rates and Fees
Malakar App is free to download. However, We may charge price and/or fees for using certain features on Malakar App in the future.
Services available on the Malakar App are subject to rates that You can find on Malakar App before You order the Service. We may adjust or renew rates from time to time based on certain factors, among other location, time, type of Services and applicable laws. We may also charge price and/or fees of a certain amount as a payment to use Malakar App which may be collected by Us, our affiliates, or Service Provider.
You may pay the Services, Third-Party Content or Offers You ordered by cash or electronic payment methods, provided by independent third parties (“Payment Method Provider”), on Malakar App, including electronic money, loan facility, debit or credit card or other payment methods (“Payment Method”) which may vary from time to time based on our sole discretion.
To enable payment by Payment Method, You have to register officially on the Payment Method Provider you choose and use Your personal payment credentials. If You use other party’s registered credentials, You are fully responsible for all licenses required and all losses or disputes arise between You and that other party, either caused by Your, Our, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider’s negligence or omission.
8. Malakar App Software
9. Intellectual Property
Malakar App and Services, including but not limited to names, logos, program codes, designs, trademarks, technologies, database, business processes and models, are protected by copyright, trademark, patent and other intellectual property rights available under the laws of New South Wales, Australia which registered either on behalf of Us or Our affiliates. We (and our licensors) have all the rights and interests of the Malakar App and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights.
You shall not:
a. delete any copyright, trademark or other ownership notices contained in the Malakar App or Services;
b. copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, display in public either in part or in full, reverse engineer, transmit, move, broadcast, decompile, or disassemble any part of or in other ways to exploit the Malakar App (including software, features and Services therein);
c. license, sublicense, sell, resell, remove, transfer, distribute or commercially exploit or make available to other parties the Malakar App and/or software by means of creating internet “link” to the Malakar App or “frame” or “mirror” any software on other servers or wireless or internet-based devices;
d. launch automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web, indexers, bots, viruses or worms, or any program that might create multiple server requests per second, create heavy burdens or impede the operation and/or performance of the Malakar App;
e. use site searching or retrieval applications, other manual or automatic devices for scraping, indexing, surveying, data mining, or in any way multiplying or avoiding the navigation structure or presentation of the Malakar app or its contents;
f. publish, distribute or reproduce in any way materials that are copyrighted, trademarked or other information We own without prior written consent from Us or the rights owners who license Us the rights; and
g. use or unofficially access the Malakar App to (a) damage, weaken or jeopardize any aspect of the Malakar App, Services or related systems and networks, and/or (b) create look-alike competing products or services using ideas, features, functions or graphic similar to Malakar App.
10. Your Responsibility
You are fully responsible for the decisions that You made to use Malakar App, Services, Third-Party Content, Offers or Payment Method. You shall treat the Service Provider, Third-Party Content Provider, Offers Provider, and Payment Method Provider respectfully and shall not engage in unauthorized, threatening or harassing behaviours when using Services, Third-Party Content, Offers or Payment Method.
11. Limitation of Our Responsibility
Malakar App may experience limitations, delays, and other issues contained in the use of internet and electronic communications, including Your, Service Provider, Third-Party Content Provider, Offers Provider or Payment Service Provider’s device is broken, not connected to the internet, out of range, turned off or not functioning. We are not responsible for any delay, failure of delivery, damage or loss arises from such problems.
We do not have any responsibility, including to take further actions or legal actions deemed necessary by You, Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, for any problem or dispute arises between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider. We will, however, facilitate any problems or disputes arise between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider with reasonably necessary actions. When We facilitate a resolution of problems or disputes between You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider, We do not act as a mediator and such an action does not cause any further responsibility to Us.
If You experience a system failure, know or suspect that Your account has been hacked, used or misused by other parties, or if Your personal mobile phone or tablet is lost, stolen, hacked or exposed to a virus, immediately report to Us so We may conduct necessary actions promptly to avoid use, misuse, or loss arises or may arise further.
If You experience troubles or problems related to Services, Third-Party Content, Offers or payment by Payment Method, or Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider’s behaviours, You may submit Your complaint through the feature that We provide, including rating and comment, or by contacting Us.
To submit complaints, questions, objections, etc. (“Report”), You need to provide sufficient information, including but not limited to, facts summary, evidence You may have, order number and personal information, such as electronic mail address and registered mobile number.
In response to the report You submit, We will first verify the information You provide and Your personal information stored in Our system. If necessary, We may ask You directly to provide information needed for verification purposes.
We may refuse to respond to Your Report if the information You provided does not match the personal information stored in Our system or if the Report submitted in relation to, toward, on behalf of or by other party that is different than the Account holder officially registered on our system. We may also stop acting upon Your Report if We, at Our sole discretion, consider that Your Report is not supported by sufficient and clear facts or has been resolved. We may also forward Your Report to the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider to be resolved directly by You and the Service Provider, Third-Party Content Provider, Offers Provider or Payment Method Provider.
For a particular Report related to the Service, We may, at Our sole discretion, facilitate a forum between You and the Service Provider for the purpose of reaching an amicable settlement. In this case, if You still deem necessary to take further actions, including any legal action, You may do so on Your sole responsibility.
For a particular Report related to the Payment Method, We may refund You by mechanisms determined by Us or together with the Payment Method Provider, at our sole discretion. We will not refund another party that differs with the registered credentials on Malakar Account or Payment Method Provider, including if You use other party’s credentials to pay using the Payment Method.
13. Temporary Suspension and Permanent Suspension of Malakar Account
You may delete the Malakar App from Your mobile phone and/or tablet at any time. We do not have any obligation to you for any matter arises from the time of removal of the Malakar App, temporary suspension and permanent suspension of Your Account. However, You are still responsible for fulfilling Your obligations that have arisen, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, before the date of the removal of the Malakar App, temporary suspension or permanent suspension of Your Account.
Your account may be temporarily suspended or permanently suspended because of, including but not limited to, the following:
a. Your Report that Your Account is used or allegedly used or misused by someone else;
b. Your Report that Your personal cell phone or tablet is lost, stolen or hacked;
c. We know or have sufficient reasons to suspect that Your Account has been transferred or used by someone else;
d. We know or with sufficient reasons suspect that things have happened that in Our view have or may harm Us, You, the Service Provider or other parties;
f. You have passed away, been placed under guardianship or custody or experienced other incapacity that caused You to become legally incapable based on applicable laws and regulations;
h. Account suspension orders, whether temporary or permanent, issued by government or monetary institutions are related or based on court orders issued in accordance with applicable laws and regulations.
If Your account is suspended and You have a clear evidence that Your account should not be suspended, You may Report the evidence to Us. After further examining Your Report, We will, at Our sole discretion, determine to end or continue suspending Your account. Suspension will not be continued unreasonably if We decided matters that caused the suspension have been resolved.
14. Actions We Consider Necessary
a. Verbal harassment or violence, including but not limited to, physical, gender, ethnicity, religion and race You conducted toward the Service Provider;
b. Physical harassment or violence you conducted toward the Service Provider; and/or
c. Sexual harassment or violence, either verbally or physically, you conducted toward the Service Provider.
This provision applies vice-versa when You experience the same violence mentioned above by the Service Provider.
15. Your statement
You understand and agree that all risks arising from the use of the Malakar App, Services, Third-Party Content, Offers and Payment Method are entirely Your responsibility and You hereby agree to release Us from any claims regarding damages, interferences or other forms of system disruptions caused by unauthorized access by other parties.
YOU ACKNOWLEDGE THAT WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION, LOGISTIC, FINANCIAL AND OTHER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION, LOGISTIC, FINANCIAL AND OTHER SERVICES. ALL TRANSPORTATION, LOGISTIC, FINANCIAL AND OTHER SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTIES THAT ARE NOT EMPLOYED BY US.
16. Force Majeure
Malakar App may be interrupted by events outside of Our authority or control (“ForceMajeure”), including but not limited to natural disasters, electricity disruptions, telecommunications failures, government policies, and other events. You hereby agree to release Us from any demands and responsibilities, if We are not able to facilitate Service, including to fulfil instructions You requested through the Malakar App, either in part or in whole, due to a Force Majeure.
Unenforceability of any of the conditions herein will not affect the enforceability of other provisions.
18. Contact Us
You may contact Us by electronic mail to email@example.com or by phone at +61 451001598. All your correspondences will be noted, recorded and stored for Our records.