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TERMS AND CONDITION CUSTOMERS

1. About this Agreement

Please read this Agreement carefully. This is an electronic agreement and by registering for or using any part of the Services, You confirm that You have read, understood, accepted and agreed with this Agreement and will be bound by it. If You do not agree to be bound by this Agreement, You may not access or use any part of the Services. This Agreement constitutes a binding legal agreement between You, an individual or company known as Radius Entrepreneur and PT. Radius Grup Indonesia (8120315160926) a limited liability company duly established under the laws of the Republic of Indonesia, having its address at Kuta Central Parkir, Jl Patih Jelantik Ruko Riverside RS 17, Bali, Indonesia, Indonesia. Your use of the Services as a Customer will be governed by the Radius Customer Agreement here https://radiusgroups.com/code-of-conduct-tc/ .

2. About RADIUS

Radius is a technology services company. It provides a system to connect entrepreneurs and companies with Customers. Radius does not itself provide any services to its customers directly, nor does Radius act as a supplier to offer such services such as massages, manicures, pedicures, delivery, bike hire, car hire, nanny services or tours, nor does it act as an agent for any such person or entity. All Services are provided directly to You by the Entrepreneurs, who is an independent, third party contractor or company, carrying out business on his/her own account, not under the employment of any PT. Radius Grup Indonesia or any other affiliated companies.
The Application is a software application that serves as a means to find lifestyle based services provided by third parties (“Entrepreneur(s)“). The Application offers information on services offered by Entrepreneurs. The types of services that may be requested via the Application are:

          • MASSAGE
          • SCOOTER RENTAL
          • TOURS
          • CAR RENTAL
          • BEAUTY (NAILS, ETC)
          • BABYSITTING
          • ALCOHOL DELIVERY
          • Other services that we may add from time to time. (“Services“)

The Application allows you to send a request for a Service and choose an Entrepreneur. The GPS receiver – which should be installed on the mobile device (smart phone) on which you have downloaded the Application – detects your location and sends your location information to the relevant Entrepreneur you have chosen. The Entrepreneur will accept your request for the Service, in the case the Entrepreneur is unable to complete the request due to an emergency the Entrepreneur must contact Radius and we will endeavour to redistribute your request to one of our best entrepreneurs certified by Radius. When the Entrepreneur accepts your request, the Application notifies you and provides information regarding the Entrepreneur – including his/her name, profile, customer service rating. The Application also allows you to view the Entrepreneur’s progress towards the pick-up point, in real time.

We will make every reasonable effort to bring you into contact with an Entrepreneur in order to obtain the Services, subject to the availability of Entrepreneurs in or around your location at the moment of your request for Services.

We do not employ the Entrepreneurs and we are not responsible for any acts and/or omissions of the Entrepreneurs. The Application is simply a means to ease the search of the Services. It is up to the Entrepreneurs to offer the Services to you and it is up to you whether to accept their offers of Services.

3. Definitions and Interpretation

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

NannyUS means the Service provided by the Entrepreneur which involves looking after and or supervising children with or without parent supervision for a specified time as stipulated via the application at a specified location in accordance to the terms of use.

ScootUS means the Service provided by the Entrepreneur or company which involves renting a motorbike or scooter for a specified time as stipulated via the application at a specified location in accordance to the terms of use.

TourUS means the Service provided by the Entrepreneur or company which involves conducting a tour as specified via the application at a specified location in accordance to the terms of use.

DriveUS means the Service provided by the Entrepreneur or company using a four-wheel motorised Vehicle to transport a Customer from a pick-up location for the requested amount of time as requested via the application in accordance to the terms of use.

PartyUS means the delivery service provided by the Entrepreneur and or company which involves the purchase of alcohol as ordered via the application at a specified authorised location in accordance to the terms of use.

MassageUS means the Service provided by the Entrepreneur or company which involves massaging a Customer for a specified time as stipulated via the application at a specified location in accordance to the terms of use.

PamperUS means the Service provided by the Entrepreneur or company which involves providing beauty services to a Customer for a specified product as stipulated via the application at a specified location in accordance to the terms of use.

Account means the registered account You obtain to access the System as an Entrepreneur or Customer.

Affiliate means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly.

Applicable Law means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, regulatory permits, regulatory licences or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of these Terms of Use.

Entrepreneur means the independent third party Entrepreneurs or business entities who offer Services on the platform having been connected to Customers via the System.

Entrepreneur Application means the electronic application supplied by Radius and/or Radius Group Companies for Entrepreneurs to connect with Customers.

Group Companies means a person and it’s Affiliates (and Group Company will be construed accordingly).

Mobile Device is the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the Customer or Entrepreneur Application.

Policies means any policies, guidelines or directions applicable to Customers, as notified to You by Radius from time to time, and as may be updated by Radius from time to time, including as located https://radiusgroups.com/code-of-conduct-privacy/ .

Radius means the electronic system operator.

Radius Pay means a cashless wallet which the entrepreneur can either deposit money into or withdraw money from which is powered by T-Money and is subject to T-money terms and conditions https://transaksi.tmoney.co.id/secure-term-condition-iFrame.danra .

Radius Referral Program is a referral program developed by radius to reward customers for referring on other customers to use radius services.

Services means the services provided by Entrepreneurs when they are connected to You via the System, which may, depending on Your Territory, include alcohol delivery services, massages, manicures, pedicures, scooter rental, car rental, tours and nanny services which are all available from Entrepreneurs via the System from time to time; any other services may be added by Radius from time to time.

Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the System and/or Entrepreneurs, as may be notified to You from time to time.

System means the system provided by Radius to connect Entrepreneurs with Customers, including the Entrepreneur Application, the Customer Application and related software, websites, platforms, payment services and other support systems and services. For the avoidance of doubt, the System provided by Radius does not include the Services themselves, as these are provided by the Entrepreneurs directly to consumers.

Terms of Use means these Radius Customer Terms of Use, all applicable Local Terms and all applicable Specific Terms.

Territory means the territory in which You use or supply the Services.

Third parties mean any company, staff member or individual which Entrepreneurs may use to provide services through Radius.

Customer means a registered end Customer of the Customer Application, a consumer of the services provided by Entrepreneurs.

Customer Application means the electronic application supplied by Radius and/or Radius Group Companies for Customers to connect with Entrepreneurs.

Customer Fees is defined in clause 8.2.

Websites means any websites operated by Radius Group Companies from time to time.

3.2  In these Terms of Use (except where the context otherwise requires):

(a) A reference to “writing” does not include email unless otherwise specified; and

(b) Any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression is illustrative and does not limit the meaning of the words preceding those terms. These Terms of Use are drafted in the English language. If these Terms of Use are translated into another language, the English language text will prevail. In the event of any inconsistency, the following order of precedence applies: first, (i) the Local Terms; then (ii) the Specific Terms; and finally (iii) the other parts of these Terms of Use.

4. Your responsibilities

Your commitments to Radius

4.1      You confirm that:

4.1.1 You have full power and authority to enter into and be legally bound by these Terms of Use and to perform Your obligations under these Terms of Use.

4.1.2 You have attained at least the age at which You are capable of being legally bound by these Terms of Use by Applicable Law in the Territory.

4.1.3 You will comply at all times with all Applicable Laws and Policies, and will notify Radius if You are in breach of any Applicable Laws or the Policies.

4.1.4 You will only use the System for lawful purposes and only for the purposes for which it is intended to be used.

4.1.5 You shall ensure that any documents and information provided by You (or on Your behalf) to Radius or otherwise via the System are at all times accurate, current, complete and not misleading.

4.1.6 You shall not engage in any fraudulent, deceptive or misleading conduct, and

4.1.7 You shall not impair or circumvent the proper operation of the network which the System operates on.

Your interactions with Entrepreneurs and other Customers

4.2      Your order for Services from Entrepreneurs creates a direct relationship between You and the Entrepreneur, to which Radius is not a party. To the maximum extent permitted by Applicable Law, Radius is not responsible or liable for the acts or omissions of an Entrepreneur in relation to You. You have the sole responsibility for any obligations or liabilities to Entrepreneurs or any other third parties that arise from Your use of the Entrepreneur.

4.3      You agree:

4.3.1 To treat Entrepreneurs and other Customers with respect, in compliance with the Policies, and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using Radius.

4.3.2 Not to cause any damage to third party property, and

4.3.3 Not to contact Entrepreneurs for purposes other than to receive and use the Services as specified on Radius.

4.4     The Entrepreneurs are required to accept all requests for Services if they are available and online, however Entrepreneurs do reserve the right to refuse accepting Your order if it has reasonable grounds to suspect a violation of these Terms of Use, the Policies or Applicable Law.

Complaints

4.5      Although the Entrepreneurs are solely responsible for the Services they offer, if You have a complaint about the Services You received, Radius has the right to deal with any such complaints through Radius’s complaints handling process. You agree to cooperate fully with such process and to submit any complaint You may have via the Customer Application. Radius also reserves the right to redirect Your complaint to the relevant Entrepreneur and may choose, but is not obliged, to facilitate discussions with the Entrepreneur. Radius’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.

4.6      If Radius receives a complaint from an Entrepreneur or another person about You, Radius has the right to redirect the complaint to You or deal with such complaint via its complaints handling process. Again, You agree to cooperate fully with such process.

5. Your Account

5.1      We collect and process your personal information, such as your name, email address, and mobile telephone number when you sign up. You must provide accurate and complete information, keep the information up to date and agree to provide us whatever proof of identity we may reasonably ask for. If any of the personal information that you have provided to us changes, for example, if you change your email address, telephone number, or if you wish to cancel your account, please update your details by sending your request to us. We will, to the best of our abilities, effect such changes as requested within fifteen (15) business days of receipt of the notice of the change.

5.2 In order to access the System as a Customer, You must register for and maintain an Account as a Customer of the Customer Application.

5.3     You are responsible for all activities conducted on Your Account. You:

5.3.1 You must only have one Account.

5.3.2 You must keep Your Account information (including Your login details and payment details) confidential and secure.

5.3.3 You must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person.

5.3.4 You must promptly notify Radius if You suspect any unauthorised access to or use of Your Account, and

5.3.5 You must not, if You are also an Entrepreneur, use Your Account to make an order as a Customer that You will accept as an Entrepreneur, or otherwise collaborate with other Entrepreneurs or Customers in any similar scheme.

5.4      Radius reserves the right to block or deny access to Your Account, and/or block features available in the Customer Application, without prejudice to its other rights and remedies:

5.4.1 If Radius deems, in its sole discretion, that You have violated any term of these Terms of Use.

5.4.2 During an investigation.

5.4.3 If You owe any money to Radius or its Group\ Companies.

5.4.4 If these Terms of Use are terminated for any reason, or

5.4.5 at any other time in Radius’s reasonable discretion.

6. Your use of the System

Rights granted and reserved

6.1      Subject to Your compliance with these Terms of Use, Radius and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free licence during the term of these Terms of Use and in the Territory, to access and use the System solely for Your personal use for the purpose of connecting You with Entrepreneurs in respect of concierge travel Services.

6.2      All rights not expressly granted to You under these Terms of Use are reserved by Radius 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 conduct

6.3      In using the System, You shall not:

6.3.1 License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the System in any way.

6.3.2 Modify or make derivative works based on the System, or reverse engineer or access the underlying software for any reason.

6.3.3 Use the System to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the System, copy any ideas, features, functions or graphics of the System, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the System, or attempt to gain unauthorised access to the System or related systems or networks.

6.3.4 Use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the System.

6.3.5 Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the System.

6.3.6 Send or store any material for unlawful or fraudulent purposes.

6.3.7 Send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience or make fake bookings.

6.3.8 Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material.

6.3.9 Send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

6.3.10 Interfere with or disrupt the integrity or performance of the System or the data contained therein.

6.3.11 Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.

6.3.12 Deliberately misrepresent Your location, or

6.3.13 Damage Radius or any of its Group Companies’ reputation by not following the terms of use or by publicly slandering the company online or in print without trying to resolve the issues first.

Restrictions on Your use of Services

6.4      You shall not use the Services to:

6.4.1 Commit a crime or do anything contrary to Applicable Law, or

6.4.2 Harm or injure another person or infringe on another person’s rights.

6.5     Where the Services involve an Entrepreneur transporting, obtaining or purchasing items on Your behalf, You agree and grant to the Entrepreneur the full power and authority necessary for the Entrepreneur to do so.

7. Your Mobile Device

7.1      Your access to the Customer Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the Customer Application) for Your Mobile Device. Radius is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the Customer Application) for Your Mobile Device.

7.2      If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects Radius’s legal rights and/or remedies, You must immediately notify Radius and follow the procedures notified by Radius.

7.3      You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications company, such as telephone, SMS and internet data fees. You acknowledge that Your use of the System may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.

8. Financial terms

Customer Application

8.1      The download and/or use of the Customer Application is provided for You to use the System and is provided on a royalty-free basis.

Customer Fees

8.2    Entrepreneurs are entitled to charge You a fee for the Services, which may include:

8.2.1 A fee for each instance of Service provided such as massage, manicure, pedicure, Scooter rental, car rental, tours, nannie services or any other such services provided on the radius platform.

8.2.2 Any applicable cancellation charges (please see appendix 1 of this agreement for the charges and terms), and

8.2.3 Any applicable taxes calculated in accordance with Applicable Law

8.2.4 (together, the Customer Fees). The fee for each instance of Services, any cancellation charges and/or taxes (as applicable) will be calculated via the Customer Application and all other charges will be automatically calculated into the Application (without mark-up) and are payable by You via the Customer Application or otherwise in accordance with the Policies. All fees are final and not negotiable, no verbal agreement will be acceptable and is null and void in accordance to Radius terms and conditions.

8.3      The fee component of Customer Fees may increase based on demand and other factors in Your location. Radius will always endeavour to inform You about any such increase via the Customer Application and it is Your responsibility to review the Customer Fees (or the basis on which they will be calculated) carefully before electing to purchase Services. You will be deemed to be aware of, and You accept responsibility for, all Customer Fees incurred under Your Account.

8.4      The Customer Application may provide You with an option to cancel certain Services before such Services commence. If You choose to do so, You may be required to pay a cancellation charge.

8.5      When using the Services, You must make Yourself available at the relevant location by the relevant time specified via the Customer Application. If You fail to do so, the Provider is entitled to cancel the Service and You may be charged a cancellation charge.

8.6      You acknowledge and agree that Radius may, to the extent permitted by Applicable Law, adjust or cancel the Customer Fees payable in connection with a particular instance of Services, acting reasonably (for example, where Radius determines that there is an error in the original calculation, that You have not complied with these Terms of Use, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint)

Promotions

8.7      In order to promote usage of the System, Radius may from time to time, in its sole discretion, offer promotions based on You meeting specified criteria and complying with specified conditions. You may choose whether or not to participate in the promotion. If You do decide to participate, Your right to benefit from the relevant promotions is conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to Radius’s reasonable satisfaction. If You do not do so, You will not be entitled to the benefits of the relevant promotions. You agree that You will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also understand that the promotions cannot be exchanged for cash and may expire on a certain date, even before You use them.

Radius Referral Program

8.8 In order to promote usage of the system, Radius has developed a Radius Referral program (RRP) which rewards customers who refer on other customers to download and use the radius application. You may choose whether or not to participate in the RRP. If you do decide to participate you understand and agree to the following conditions:

8.8.1 You agree to provide Radius with a local Indonesian bank account number. If you do not provide your bank account details we are unable to pay you the financial compensation. Please email these details to askus@radiusgroups.com.

8.8.2 The financial compensation may change at any time and can expire according to Radius discretion.

8.8.3 If you do not claim your RRP compensation within 6 months Radius reserves the right to use the funds for other promotions.

8.8.4 RRP incentives will be paid monthly to all customers to the bank account provided to Radius. For further information please contact us on the help section of your application.

Payments

8.9      You must pay the Customer Fees using the payment methods offered via the Customer Application from time to time, including (where applicable) by cash, credit or debit card, We chat, Radius Pay or any other payment method we may add from time to time.

8.10      Where You choose to pay the Customer Fees via the Customer Application, You grant to Radius the full power and authority to debit the relevant amount of Customer Fees using Your registered payment method and remit the money on Your behalf to the Entrepreneur, after deduction (where applicable) of the relevant amounts by Radius in accordance with its arrangements with the Entrepreneurs.

8.11     All payments must be in the local currency in the Territory.

Taxes

8.12      These Terms of Use shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.

8.13     You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend Radius to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the System and/or the Services.

9. Indemnities and liability

Indemnities

9.1      You shall defend, indemnify and hold harmless Radius, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

9.1.1 Your breach of any term of these Terms of Use or any Applicable Law, and

9.1.2 Your use of the System and/or the Services, including:

  • Any claim by You or a person acting on Your behalf that any Radius Group Company, rather than an Entrepreneur, is the provider of the Services you requested.
  • Any third party claims (including claims by any Entrepreneurs) arising from Your use of the System and/or the Services, and
  • In respect of any items that You purchase, obtain and/or use in relation to the Services ordered.

Basis on which the System is provided

9.2    The System is provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, Radius disclaims all representations and warranties, express, implied or statutory, save as expressly set out in these Terms of Use, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill, and non-infringement.

9.3      Without limitation to clause 9.2, Radius makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable.

9.4      Although Radius will try to ensure the highest quality possible, Radius does not provide and is not responsible for providing or ensuring the provision of the Services provided. Radius does not guarantee the quality, suitability, safety or ability of the Entrepreneurs or any other third party providers.

9.5      The System may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the Entrepreneurs being faulty, not connected, out of range, switched off or not functioning. Radius is not responsible for any delays, delivery failures, damages or losses resulting from such problems.\

9.6      Timelines specified for Services are, unless expressly agreed otherwise by Radius in writing, indicative. Neither Radius nor the Entrepreneurs make any warranty, representation or undertaking that specified timelines will be met.

Exclusions and limitations of liability

9.7      Nothing in these Terms of Use limits or excludes a party’s liability for death or personal injury caused by such party’s negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.

9.8      To the maximum extent permitted by Applicable Law, Radius shall not be liable for:

9.8.1 Indirect, incidental, special, exemplary, punitive or consequential damages.

9.8.2 Loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity, and

9.8.3 Personal injury or property damage, arising from, related to or otherwise in connection with the System or the Services, whether in contract, tort, breach of statutory duty or otherwise.

9.9     To the maximum extent permitted by Applicable Law, and unless otherwise specified in the Specific Terms, in no event shall Radius’s maximum aggregate liability arising under and in connection with the System, the Services and/or these Terms of Use, whether in contract, tort, breach of statutory duty or otherwise, exceed the Customer Fees paid by You to Radius in connection with the first event giving rise to a claim under these Terms of Use.

9.10     Unless otherwise specified in the Specific Terms, any claims You have against Radius under or in connection with the System, the Services or these Terms of Use must be notified to Radius within one (1) year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.

Personal accidents

9.11 Although radius is not responsible or liable for any injuries, accidents or damages which may occur while the Entrepreneur is providing the services requested through the Radius application PT. Radius Grup Indonesia does provide minor personal accident insurance to assist in the case of an accident. The policy can be found here https://radiusgroups.com/code-of-conduct/ Please contact our radius team for more information.

10. Term and termination

10.1      These Terms of Use shall continue until terminated in accordance with their terms. Continuing the mutual consent within the agreement, Radius and the Customers agree to waive the provisions of Article 1266 of the Indonesian Civil Code.

10.2      Radius may terminate these Terms of Use, and/or suspend or terminate Your use of the System in whole or in part:

10.2.1 At any time for any reason by giving notice to You, and

10.2.2 Immediately, with or without notice, if You are in breach of any term of these Terms of Use, without prejudice to Radius’s other rights and remedies.

10.3    You are under no obligation to use the System and may cease using them at any time by permanently deleting the Customer Application from Your Mobile Device, thus disabling Your use of the Customer Application. These Terms of Use are automatically terminated when You permanently delete the Customer Application from Your Mobile Device.

10.4    On termination or expiration of these Terms of Use for any reason, You shall:

10.4.1 Promptly (and in any event within three days), pay any money owed to Radius (which shall become immediately due and payable on termination or expiry), including any outstanding payments in connection with Entrepreneurs ordered by You prior to termination or expiry, and

10.4.2 Immediately delete and fully remove the Customer Application from Your Mobile Device.

10.5     The parties shall have no further obligations or rights under these Terms of Use after termination of the Terms of Use, without prejudice to any obligations or rights which have accrued to either party at the time they are terminated, save that the provisions of clauses 2, 3, 8, 9, 10, 11, 12 and 13, of these Terms of Use and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of these Terms of Use.

11. Privacy

11.1 You agree and consent to Radius using and processing Your personal information as set out in the Privacy Policy https://radiusgroups.com/code-of-conduct-privacy/ as amended from time to time.

11.2 By providing us information, you represent that you have the right to provide us the information for us to use and share with the Entrepreneurs.

12. Intellectual Property Matters

12.1 PT. RADIUS GRUP INDONESIA, including its name and logo, the Application and the Service is protected by copyright, trademark and other rights provided under the laws of the Republic of Indonesia. We (and our licensors, if applicable) exclusively own all rights, title and interest in and to the Application, including all associated intellectual property rights.

12.2 Without derogating from our rights under any applicable law or these Terms of Use, you are advised that any attempted or actual infringement of this provision will result in the termination of all your rights under these Terms of Use. If you circumvent any of the means taken by us to protect the Service from unauthorized use, you must immediately cease any and all use of the Service, and you undertake to do so.

13. Disputes

13.1      These Terms of Use (and any and all disputes arising out of or in connection with these Terms of Use (including any alleged breach, or challenge to the validity or enforceability, of these Terms of Use or any provision hereof)) will be subject to the laws of Indonesia unless the law in Your Territory requires otherwise, in which case the governing law of these Terms of Use shall be that of Your Territory.

13.2      Any and all disputes arising out of or in connection with these Terms of Use will be finally settled by binding arbitration under the Arbitration Rules of Indonesia (“Rules”) (which Rules are deemed to be incorporated by reference into these Terms of Use) by one arbitrator, appointed in accordance with the Rules. The arbitration will take place in Indonesia and the language of the arbitration will be English and Bahasa Indonesia.

14. General

14.1 The information provided by the Application must not be construed as an advice or an offer, the decision to use the Entrepreneur is entirely yours. You are free to use any other Entrepreneurs.

14.2 Radius shall not be liable for delay or failure in performance resulting from causes beyond Radius’s reasonable control.

14.3     You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of Radius or any of its Affiliates.

14.4      Radius may amend these Terms of Use at its sole discretion from time to time. Radius will use its reasonable endeavours to notify You of any material changes to the Terms of Use; however You agree that it is Your responsibility to review the Terms of Use regularly and Your continued use of the System will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of these Terms of Use will be binding on the parties unless made in writing by the parties.

14.5      The rights of each party under these Terms of Use may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.

14.6     These Terms of Use constitute the entire agreement and understanding of the parties relating to the subject matter of these Terms of Use and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby also exclude all implied terms in fact. In entering into these Terms of Use, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Use. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in these Terms of Use excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.

14.7     You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations under these Terms of Use without Radius’s prior written consent. Radius may at any time assign, sub-license, transfer, and subcontract or otherwise dispose of its rights or obligations under these Terms of Use without notice or consent (save to the extent required by Applicable Law).

14.8      If any Court or relevant authority determines that any part of these Terms of Use is illegal, invalid or unenforceable under Applicable Law, the remaining parts of these Terms of Use will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of these Terms of Use.

14.9      A person who is not a party to these Terms of Use has no right to rely upon or enforce any term of these Terms of Use.

14.10    Radius may give notice to you by means of a general notice published on the Customer Application or the Website or to Your email address set out in Your Account. You must give notice to Radius by email at askus@radiusgroups.com

Appendix 1
Specific Terms and Conditions

• MASSAGE US
1.1 Please do not ask Radius Entrepreneur for any sexual favour.
1.2 In the case of an incident or complaint Customer must report to Radius help line through Radius application immediately.
1.3 If customer wants to cancel instant booking, please press cancel buttons and after that select reason why you want to.
1.4 If customer cancels calendar booking, please cancel by phone to Radius.
1.5 No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.

Appendix 1
Specific Terms and Conditions


2. PAMPER US
2.1 Please do not ask Radius Entrepreneur for any sexual.
2.2 In the case of an incident or complaint Customer must report to Radius help line through Radius application immediately.
2.3 If customer wants to cancel instant booking, please press cancel buttons and after that select reason why you want to.
2.4 If customer cancels calendar booking, please cancel by phone to Radius.
2.5 No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.

Appendix 1
Specific Terms and Conditions

3. NANNY US
3.1 It is your responsibility to provide the Nanny with all the instructions prior to commencement of the Nanny services. A due diligence form must be filled in which will be provided by the Nanny. It is your responsibility to directly instruct the Nanny on your preferences and rules for taking care of your children.
3.2 Radius accepts no responsibility in the case of an injury or accident while the child is in the care of your chosen Nanny.
3.3 Radius will endeavour to ensure all nannies provided through Radius are certified by radius and trained to the relevant national standards including general first aid training. However it is your responsibility to ensure you choose your nanny based on research and reviews for what is best suited for you and your children.
3.4 Radius does not allow Nannies to take children out of the premises unless they are accompanying the parent.
3.5 Radius does not permit Nannies to allow children to swim unless all children can swim and the parents have signed a waiver
3.6 If there is no pool fencing and the children cannot swim and a waiver signed the nanny is only allowed to babysit in an enclosed room or area.
3.7 Radius rules only allow 1 nanny to look after a max of 2 children under the age of 6.
3.8 Our rules and regulations are all in the intent of you and your children safety.
3.9 Please do not ask Radius Entrepreneur for any sexual.
3.10 No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.

Appendix 1
Specific Terms and Conditions


4. DRIVE US
4.1 For 1 day rental is for 10 hours.
4.2 Customer not to put any one in a harm way by asking driver to violate Indonesia’s traffic law.
4.3 As Customer, you are responsible for your own insurance for the protection of customers and your vehicle.
4.4 Customers are not allowed to offer driver alcohol while performing services.
4.5 You are responsible for pay for parking and toll.
4.6 No smoking in the car for the customers.
4.7 If customer wants to cancel instant booking, please press cancel buttons and after that select reason why you want to.
4.8 If customer cancels calendar booking, please cancel by phone to Radius.
4.9 No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.

Appendix 1
Specific Terms and Conditions

5. PARTY US
5.1 You acknowledge and agree to grant the Entrepreneurs a power and authority to pick up or deliver goods or make a purchase on your behalf for every order under PartyUS.
5.2 We do not guarantee the availability of the ordered items in store/restaurant and the delivery of fragile items such as beverages in glass bottles
5.3 We or the Entrepreneur does not guarantee the availability of the availability of items in the stores.
5.4 The Entrepreneurs will only deliver alcohols for customers above 21 years old. You agree to show your ID to be checked by the Entrepreneur upon delivery.
5.5 You understand and acknowledge that by selecting yes on the age verification pop-up page upon entering alcoholic store or adding alcoholic drink to cart, you verify that you are above the legal age to consume alcohol.
5.6 If customer wants to cancel instant booking, please press cancel buttons and after that select reason why you want to.
5.7 If customer cancels calendar booking, please cancel by phone to Radius.
5.8 No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.

Appendix 1
Specific Terms and Conditions


6. SCOOT US
• The customer must have own insurance to cover damages or liabilities.
• The customer give drop off times and pick up time.
• The customer must have a valid licence.
• The Entrepreneur or company is responsible for briefing the customer on their obligations and the condition of the bike upon delivery and return.
• Customer is responsible for any accidents that might happen caused by customer.
• Customer is responsible for any violation against Indonesia’s traffic rules.
• The customer agree to only charge customer the advertise rates on our application, under no circumstances are you to charge different rates.
• If customer confirms a motorbike rental booking, then customer is responsible to up hold their commitment, to the entrepreneur or company and to Radius.
• If customer wants to cancel instant booking, please press cancel buttons and after that select reason why you want to.
• If customer cancels calendar booking, please cancel by phone to Radius.
• No violence, no obscene language to the Radius Entrepreneur will be tolerated. Please note, all customer behaviour will be noted for future bookings.
• Please do not ask Radius Entrepreneur for any sexual favour.
• Customer must follow Indonesia’s traffic law.

Appendix 1
Cancellation policy and terms


Cancellations policy Customers
• When providing Services, The entrepreneur must make themselves available at the relevant location by the relevant time specified via the Entrepreneur Application. If they fail to do so, the Customer or Radius is entitled to cancel the Service and a full refund will be given to the customer or the booking may be redistributed to another entrepreneur. In the case the booking is cancelled a full refund will be issued in accordance with the refund policy.
• Instant bookings; Customers may cancel a booking directly through the Customer application, in the case of a cancellation which was cancelled after payment, there will be no refund.
• Calendar bookings; in the case a Customer must cancel a confirmed pre booking, the Customer must advise Radius no later than 12 hours prior to the booking, In the case the Customer cancels after 12 hours, the Customer will be charged 100% of the booking service fee.
• You acknowledge and agree that Radius may, to the extent permitted by Applicable Law, adjust or issue a refund with a particular instance of Services, acting reasonably (for example, where Radius determines that there is an error in the original calculation, that You have not complied with these Terms of Use, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint)


Refund Policy
• Radius will issue a refund in the case of an entrepreneur does not show up or you as the Customer have a serious complaint about an entrepreneur. This is at the discretion of Radius. In this case please contact Radius through the application for us to assist you.
• Please note radius does not take full payment until 12 hours prior to the booking for pre bookings.
• The refund process may take up to 30 days depending on your payment choice and banking institution rules and policies.
• In the case a refund is eligible please radius will endeavour to process this refund in the quickest time possible.

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