VOY Terms and Condition of Use

VOY Terms and Condition of Use

VOY Terms and Condition of Use

We are delighted for your trust in using our Services and encourage to spare your time in reading our Terms & Condition of Use (“T&C”).

This T&C is an integral part of several policies which shall govern, regulate and is legally binding between PT Voy Integra Nusantara (“Voy”) and user. By reading this T&C, user shall be deemed to agree to any provisions set forth herein. This T&C (includes Fee Policy, Privacy Policy and all applicable law) shall govern your access and use of our Services through our Application. (“I have read and agree to any clause in this Terms and Condition”)

If, under any circumstances, user does not agree with any T&C clauses, please discontinue to use our Service. Voy reserve full rights to alter/modify/change any of the provisions of T&C in timely manner and will be announced on our Application or official Website. The latest version of T&C shall be applicable on the earlier of (a) the effective date of such establishment or (b) on the posting date on our Website.

I. GENERAL TERMS

Unless specifically defined herein or in other Voy’s policies, capital letters used in Voy Terms and Condition shall be interpreted as below,

“Voy” shall refer to PT Voy Integra Nusantara, a limited liability company incorporated under law of Republic Indonesia, having its addresses in Jakarta Selatan, as the service provider of Voy’s Vehicle.

“Member” shall refer to all registered user either through Website, Application or offline registration who are entitled to use any of Voy’s Services under Voy’s Terms and Condition.

“Vehicle” all type or color of vehicle provided by Voy for the purpose of rendering Services to its User.

“Service” shall refer to rental service of all type of Vehicle provided by Voy, some Service may include rental of helmet or any accessories provided by Voy.

“Application” shall refer to Voy’s software application used for the purpose of providing Service and is available on iOS and Android operating system.

“Website” shall be referred to https://voy.co.id.

“Terms and Condition of Use” shall refer to this Terms and Condition provisioning all terms to use our Services and shall also be acted as user’s agreement.

“Fee Policy” shall refer to all terms regarding fees and/or penalty in regards of (1) Service fee (2) refund procedures (3) penalties and (4) any other fees borne by using our Services.

“Privacy Policy” shall refer to policy provisioning Member’s data protection.

“Rental Period” shall refer to the amount of hour and minutes indicated as the rental time of Vehicle by the Member.

“Designated Area” shall refer to the geofenced area solely determined by the Voy for each reservation by the Member.

II. REGISTRATION

  1. To use our Service, only registered user/Member shall be allowed in using our Service and driving our Vehicle. Non-registered users are strictly prohibited in using our Service.
  2. Registration is required prior to make any reservation of our Service. All potential Member is required to fulfill below condition through registration in our Application :
    1. Member must complete all required information and all registration steps in our Application;
    2. Member must submit following documents by capturing and uploading each document separately to justify all information previously provided :
      1. Identity Card (KTP) – for Indonesian citizen,
      2. Valid Passport – for foreign citizen,
      3. Driving License (SIM C) – for motorbike driver,
      4. Self-photo holding a valid identity card/valid passport, and
      5. Any supporting documents.
    3. Any potential Member must cooperate with Voy officer for the completion of registration process in the occurrences of any registration obstacles.
  3. Satisfying of eligibility and requirement to become Voy Member does not automatically render user the right to become Member. Approval of the user’s registration is subject to Voy decision at its sole discretion.
  4. Approval of user registration shall be given in maximum of 1×24 hour subject to consideration at minimum of (1) clarity of uploaded documents (2) completeness of required documents – as detailed in Annex A – and; (3) validity of each documents.
  5. User must ensure that all data, information and documents rendered through application process are valid and accurate. All user’s data obtained and stored by Voy will be treated as confidential and will only be use for the purpose of our services according to our Privacy Policy.
  6. User shall be responsible to maintain their current information, including address, e-mail, phone number and other information and in bound to inform Voy in timely manner if any changes occur.
  7. Member are solely responsible for the confidentiality of login credentials, including PIN / Password. Any unauthorize use or security breach of any kind shall be reported to Voy to identify proper immediate action.

III. RESERVATION, RULES RESPONSIBILITY

  1. Our service is strictly addressed to Voy Member and all Member including the actual user of the Vehicle shall comply to all rules and responsibility provisioned herein.
  2. All reservation can only be made by Voy Member through our official Application by first come first serve basis. Each reservation shall spare 15 (fifteen) minutes of window time and will be expired upon the failure of rental period commencement by reserving Member. The Member shall not make any reservation on behalf of or for the benefit of any other person/legal entity/corporate.
  3. If the Member wish to cancel its reservation, it must be done during the window time otherwise billable fee shall be charged to Member account once Rental Period started, pertaining to Fee Policy.
  4. If the Member wish to extend its reservation, it can only be done under following conditions :
    1. The online payment for extended Rental Period has successfully settled to Voy account.
    2. The Vehicle is available for extended period (i.e: it is not reserved by another Member).
    3. The request of extension shall be submitted prior to expiration of existing Rental Period.
  5. In using our Service, the User shall maintain/act/perform in accordance with the applicable law and regulation, and shall comply with following rules :
    1. Under no circumstances can the user reserve a Vehicle on third parties’ name. All risks arising out by using the Service shall be the responsibility of the Member or the actual user of the Vehicle.
    2. The Member shall operate the Vehicle in compliance with T&C.
    3. The Member shall operate the Vehicle in compliance with all applicable law and regulation including Indonesian traffic laws.
    4. The Member shall operate the Vehicle within Designated Area and will due by the end of Rental Period.
    5. The Member acknowledged and agreed that Voy Vehicle shall only be ridden by maximum of 2 (two) passengers and not exceeding the weight of 120 (one hundred and twenty) kilograms.
    6. Prior to taking possession of the Vehicle, the Member shall inspect the condition of the Vehicle cautiously. Shall there be any damages or malfunction of the vehicle, the Member must report immediately to Voy and appropriate measure shall be taken by Voy.
    7. The Member shall be responsible for all costs charged during the entire Rental Period and until the Vehicle is returned, secured, locked and serviceable to its designated station, including the restoration of all documentation attached on our Vehicle (i.e. motorbike license (STNK), insurance certificate, etc).
    8. The Member shall ensure the safety of themselves including its pillion and/or children during the use of Service by utilizing equipment, such as helmet, GPS Navigation, proper attributes, etc.
    9. The Member acknowledged and agreed that riding the Vehicle may cause imminent personal injuries for themselves including any pillion(s) (whether or not is a registered user) riding with them. Voy shall not be responsible for all personal injury and costs incurred by it of the Member and its pillion(s).
    10. The Member shall take full responsibility of their own personal belongings. In the event of any claims arising out from the Member regarding loss of belongings in our Vehicle, Voy will provide best effort in returning Member’s belonging. Nonetheless, Voy shall not be held responsible for any damage/loss of the belongings and/or any expenses suffered by the Member in any such circumstances.

    Violation of this clause shall be deemed as breach of Terms and Condition and the Member shall be liable to all consequences, direct or indirectly, arising out from the acts and omission of the actual user of the Vehicle.

  6. The end of Rental Period shall be confirmed by :
    1. Specific completion of closing checklist by the end of rental which concurrently confirming payment settlement by the Member,
    2. Problem reported to Voy for any late return circumstances,
    3. Unwarranted breakdown of Vehicle or accident.
  7. In purpose to provide satisfactory of our Service, Voy shall undertake following action towards the Vehicle :
    1. Conduct routine maintenance of all Vehicle, including replacement of spare parts and accessories,
    2. Provide Roadside Assistance from time to time to support the occurrence of all claims on the road. If, the Member in need of using Roadside Assistance causing from breach of T&C by the Member, any cost and expenses incurred from it shall be the responsibility of the Member.

IV. PROHIBITION OF USE

  1. All Vehicle shall be used within our Designated Area and shall be ridden in accordance with this T&C and traffic law in jurisdiction of DKI Jakarta.
  2. The use of Vehicle under following conditions is strictly prohibited :
    1. Used beyond the Designated Area,
    2. Used for races, rallies or competition,
    3. Used for towing, pushing and/or propelling other vehicles and object whether or not such vehicle and object belongs to Voy,
    4. Used for business purposes as carriers or transporting people, goods or object,
    5. Used by person under the influence of (1) alcohol or (2) any drugs or medication whatsoever,
    6. Used to carry out criminal act or any other illegal activity in accordance with applicable Indonesian laws and regulation,
    7. Used to undertake political rallies, protests or demonstration in purpose of political agenda or campaign,
    8. Used in manner of imprudent, negligent, abusive or any abnormal behavior to the Vehicle and its accessories (including but not limited to light, mirror, sticker, license number) as to cause excessive damage,
    9. Used the Vehicle while operating mobile devices in any manner whatsoever including calling, texting, emailing, playing video games with or without handsfree feature that may cause distraction to other drivers,
    10. Use the vehicle to transport flammable, inflammable and hazardous substances, weapon or any other illegal object deemed as prohibited by Indonesian Law of which may compromise the safety, stability of the Vehicle.

    The abovementioned list remained exhaustive. Voy reserves full right at its sole discretion to identify any unreasonable, unwarranted, illegal, unethical, inappropriate and prohibited use if Vehicle and may report to the authorities or local police such activities as a violation to local or national laws or in violation of this T&C.

  3. Please keep in mind that each Vehicle are equipped with GPS and immobilizer system which allowed Voy to track and record all of Member’s trip. If any of Voy Vehicle is being subject to unauthorized access or ridden towards unrestricted area, Voy, in its sole discretion, reserves the right activate immobilizer system and undertake any immediate measure. The judgment and decision by Voy are final and binding without prejudice to any Member’s right. The expenses incurred by damage/or losses suffered by Voy on account of immobilizing shall be charged to Member account.
  4. Voy expressly asserts that any of our Service is not solicited nor intend to be solicited for people under the age of 17.

V. VEHICLE’S CONDITION, BREAKDOWN & THEFT

  1. All Vehicle must be picked up individually by the Member at its station listed in our Application and be returned in secure, clean and in good order to the correct designated station at the end of Rental Period.
  2. All Member is required to inspect the Vehicle before starting Rental Period and address it to Voy, including but not limited to (1) connection failure to Vehicle (2) flat tire (3) break or missing of rearview mirror, lights or any parts of Vehicle (3) poor driving or brake failure. The Member will be given the option to change Vehicle, or reserve the same Vehicle following the replacement of spare parts at its sole Voy discretion.
  3. Failing to do as stipulated in Clause 3.4.6, any claim or problem (including but not limited to damage of Vehicle and lack of cleanliness) arising out during Rental Period, including cost and expenses suffered by it, shall be deemed as responsibility of the Member, subject to fees or penalties ruled out in Fee Policy.
  4. In the event of failure to do as stipulated in Clause 3.4.7, the Member must advise Voy immediately and the Member will be charged at hourly rate for late return until the Vehicle and all attached documentation is returned, secured, locked and become serviceable to another Member.
  5. In event of stolen Vehicle and or any accidental incidents, the Member shall report immediately to nearest Police Station and report to Voy accordingly with detailed actual facts within 1 (one) hour from such incident. The Member acknowledged and agree that Voy shall not in any manner be held liable for any stolen Vehicle or accidental incidents, including any damage or property of third parties involved in such incident.
  6. In case that Voy is unable to claim insurance for any reason, Member shall indemnify Voy to the fullest extent in lieu of damage/loss resulting from such theft or accident.
  7. The Member acknowledged and agreed that using our Service and riding our Vehicle involves an inherent and irreversible risk of personal injury and assume the entire risk of yourself, any person riding as pillion (whether or not such pillion is a Member) and any actual person rising our Vehicle by your reservation in accordance with Clause 3.1. The Member hereby agree to waive Voy from any and all claims, demands and rights arising out from and by any known or unknown, foreseen and unforeseen bodily and personal injuries (including but not limited to fatal injuries).
  8. All breakdowns, theft and/or incident resulting any inconvenience in using our Service must be reported immediately by e-mail support@voy.co.id or phone at +62 8181 8830 388.
  9. In any investigation of incident, the Member shall provide Voy any findings in relation to such incident during the course of its. The Member agreed and accept to cooperate fully with good faith in the investigation of such claim or lawsuit. The Member’s account may be suspended until such investigation has been concluded. Such costs related to repair, recovery and loss of use of any Vehicle resulting from the foregoing incident, up to the current damage fee shall be charged to the Member (if such cost because the fault of the Member or when the costs are not covered by the Member’s or third parties’ insurer).

VI. INSURANCE & LIABILITY

  1. In the event that the Member in full compliance with T&C and other policies determined by Voy, Voy shall provide a primary third-party liability protection, to the extent of claims/liabilities covered by Voy’s insurer, on its Vehicle for any claims/liabilities arising during the use and operation of our Vehicle by the Member. The Member will be responsible for any associated deductible charges directly/indirectly attributable to the Member’s default or otherwise solely determined by Voy.
  2. If, at any time, it is determined that losses/claims mentioned in Clause 6.1 exceed the insurance coverage taken by Voy, the Member will be responsible for any such excess claims/loss/damages.
  3. Voy shall not be responsible for any loss, theft or damages of their personal belongings or property of the Member (including the actual driver) or its pillion under any circumstances. However, Voy will undertake their best effort in the occurrence of such as stipulated in Clause 3.5.10.
  4. [Liability Protection] insert clause from insurance agencies.

VII. INDEMNIFICATION & LIMITATION OF LIABILITY

  1. The Member shall indemnify Voy, including but not limited to its directors, officer in charge, employees, agents and representatives, from and against any lawsuits (including reasonable attorney’s fees and court’s fees), complaints, proceedings, damages, loss, costs and expenses, fines, penalties incurred or suffered directly or indirectly by Voy for any event as a result from:
    1. Breach of any clauses and provisions in this T&C, including which stated clearly in Clause 3.5,
    2. Breach of any applicable laws by the Member,
    3. Undertaking any activity clearly prohibited in Clause 4.2 :
      1. Theft of Vehicle,
      2. Accidents by the Member,
      3. Unauthorized use of Vehicle by the Member.
  2. Voy do not guarantee, represent or warrant in any circumstances that Member’s use of service will be uninterrupted, timely and secure or error-free.
  3. The Member acknowledged and agreed that, from time to time, Voy may suspend, modify, restrict or remove our Services for uncertain or indefinite periods of time, without notice to the Member.
  4. The Member acknowledged and agreed that the Services delivered to you are provided “as is” and “as available” for your use, without any warranties or representation including the condition of Vehicle, quality or fitness of any kind.
  5. The Member acknowledged and agreed that the use of any third parties’ tools in our Application and Website is solely and entirely at the Member’s own risk and discretion. It is advisable for the Member to ensure and approve each of its own terms and condition provided by third parties.
  6. The Member acknowledged and agreed to waive Voy from any direct and/or indirect losses or damages that may arise from following condition without limitation.

VIII. ELIGIBLE FEES AND PAYMENT SETTLEMENT

The price for rental service by Voy is subject to Fee Policy available on our Application and Website. It covers all fees and expenses including but not limited to rentals, excess time charge, late return fees, extension fees, penalties or fines.

IX. CANCELLATION AND TERMINATION

  1. This T&C shall continue to apply and legally bound between the Member and Voy unless specific terminated and/or cancelled by either parties. If the Member wish to terminate this T&C with Voy, you may do so :
    1. To leave and stop using accessing our Application and/or Website,
    2. To close Voy account for all services Voy provides.
  2. The Member acknowledged and agreed that Voy, in its sole discretion, may terminate your access if, without prejudice, following actions have taken in place :
    1. If, by any reason, any information, representation and/or warranties provided by the Member are found to be false, invalid and/or unlawful,
    2. Voy is required by law or upon request by government or othe law enforcement agencies,
    3. In Voy sole discretion, the Services provided by Voy to the member is no longer commercially viable,
    4. Voy, with or without reason, has decided to discontinue the Service, including access to Application and/or Website.
  3. Termination and cancellation set forth in Clause 9.2 may include :
    1. Removal of access to our Application and Website,
    2. Disabling access to the Member’s account information (including login ID, password and all related file and materials inside its account),
    3. Prohibiting to use any of Voy Services.

X. FORCE MAJEUR

If the performance of any Service and obligation ruled out in this T&C or any other policies on our Application by the Member, Voy and/or third parties (in execution of transaction) is delayed, prevented, restricted or interfered by the reason of natural event, general strikes, riot, bomb explosion, act of God, war, fire, flood, epidemic, quarantine, rebellion, Government’s policy or regulation (“Forje Majeur”), which are beyond any person’s control and could not have been prevented by reasonable precaution, upon providing prompt written notice to the other party , shall not be liable for the non-performance of such obligation in this T&C.

XI. PRIVACY AND DATA PROTECTION

  1. Voy respects privacy of its own and each Member. Voy shall captures, processes and utilizes Member’s personal data, including but not limited to name, e-mail, address, driving license, proof of images to the extent of the implementation and administration of this our Service and obligation in this T&C.
  2. Voy is entitled to forward such personal information to third parties service provider for the purpose of fulfilling objectives of our Services.
  3. Voy is entitled to forward such personal information to third parties for the purpose of providing individualized offers, Services and other customized information to the Member.
  4. The Member acknowledged and agreed that Voy will forward their personal information in the event of :
    1. Reporting incident/theft to the police station, hospital, friends or family of the Member;
    2. Rendering support in case of ongoing investigation regarding incident/theft to police or other related authorities.
    3. For promotional purposes.
    4. To analyze Member’s pattern for providing a better user experience and business offerings.
  5. Voy shall implement and maintain reasonable procedures during collection, processing and storing Member’s personal information as per the Privacy Policy.

XII. GOVERNING LAW & DISPUTE SETTLEMENT

  1. This T&C shall be governed and in accordance with the prevailing laws and regulations in the Republic of Indonesia.
  2. If the dispute arises related to the performance of our Service and/or obligation stipulated in this T&C, the Member and Voy agreed to resolve such dispute in an amicable manner within 15 (fifteen) days since the receipt of written notice of conflict.
  3. If within 15 (fifteen) days, amicable resolution between conflicting parties is failed to be implemented, the Member and Voy agreed to submit such dispute to Indonesian Arbitration Centre (“BANI”) in accordance with BANI’s Rules on the arbitration procedure applicable at the time. Arbitration shall be led by 1 (one) arbitrator appointed by the Head of BANI, conducted in DKI Jakarta, Indonesia, using Indonesian language. The arbitral award shall be deemed as having permanent legal force, binding and incontestable and neither party may commence a proceeding or file a complaint to any court in relation to the dispute arising from this T&C.
  4. In the process of resolving any disputes set forth in Clause 12.2 & 12.2, the Member and Voy will still perform their obligation under this T&C, otherwise agreed by Voy.

XIII. MISCELLANEOUS

  1. The right and obligation under this T&C are not assignable and transferable, in whole or part. Any attempt to transfer this T&C without written consent of Voy shall be void and no force and effect. Voy reserves the right and can at its absolute discretion can assign the rights and obligations under this T&C to an affiliate or to another entity in connection with corporate transaction or otherwise.
  2. No terms provisioned in this T&C may be waived or changed, except in writing signed by expressly authorized representative of Voy. No waiver of default by Member under any clause of this T&C shall be construed as a waiver of any prior or subsequent default of any clause of this T&C.
  3. If any terms, obligation or provision of this T&C is held invalid or unenforceable for some reason, the remainder of the provisions shall continue in full force and effect and those with respect to which it is held invalid and unenforceable shall be eliminated.
  4. Voy shall render its Services as an independent service provider. No Member will be deemed as Voy’s agent or employees in any manner or purpose.
  5. Any queries or questions about this T&C including Fee Policy and Privacy Policy shall be submitted to us at support@voy.co.id.