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TERMS AND CONDITION ENTREPRENEURS

  • 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), with offices at Kuta Central Park, Jalan Patih Jelantik, Ruko Riverside, Blok RS No.17, Badung , Bali 80361. If applicable, Your use of the Services as an entrepreneur will be governed by the Radius user Agreement here:
https://radiusgroups.com/code-of-conduct-tc/ .

  • 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, scooter 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 Customers by 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 a Customer to send a request for a Service to 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. The Entrepreneur must accept all requests if they are logged online and available or have provided a calendar to Customers to pre-book. If an Entrepreneur cannot complete the services the Entrepreneur must contact Radius so we are able to redistribute the job. When the Entrepreneur is provided with the Customers request, the Application notifies the Customer and provides information regarding the Entrepreneur – including his/her name, profile, customer service rating. The Application also allows Customers 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 a Customer in order to obtain any information you may need to conduct the Service requested, subject to the availability of Customer in or around your location at the moment of your request.

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 a Customer and it is up to the Customer whether to accept their offers of Services or not.

  • 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 .

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.

  • 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 Customers and other Entrepreneurs

4.2      Your order for Services from Customers creates a direct relationship between You and the Customer, 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 a Customer. You have the sole responsibility for any obligations or liabilities to Customers or any other third parties that arise from Your services you provide to the Customer.

4.3      You agree:

4.3.1  To treat Customers and other Entrepreneurs 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 Customers for purposes other than to perform 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 an 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 a Customer has a complaint about the Services You provided, 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 Entrepreneur’s Application. Radius also reserves the right to redirect the Customers complaint to You and may choose, but is not obliged, to facilitate discussions with the Customer and You. 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 a Customer 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.

4.7  Radius has a strict policy in the case of complaints, all complaints are investigated thoroughly from the radius CS staff. If Radius finds an Entrepreneur has not adhered to our recommendations and code of conduct (as outlined in appendix 2 and clause 6.3:6.7) and find the entrepreneur at fault, Radius has full discretion to either terminate the entrepreneur’s contract or issue a warning to the entrepreneur and conduct retraining. Suspension and termination from Radius is at the sole discretion of Radius which will be based upon the seriousness of the complaint.

  • 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 an Entrepreneur, You must register for and maintain an Account as an Entrepreneur of the Entrepreneur 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, 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.

  • 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 Customers 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.

Code of Conduct

6.3  You shall ensure the proper use of any logos, trademarks or brand names of the Company, RADIUS, and/or its affiliates services are used only as expressly authorized under this Agreement.

6.4  The Radius Entrepreneur must understand and comply with all the legal requirements and codes of conduct we set out and act at all times in a lawful, prompt, honest, efficient, courteous and diligent manner.

6.5  To protect the integrity of the brand and/or platform you represent (Radius), the Radius Entrepreneur shall always dress smartly, be clean and neat, hair clean and groomed appropriately and off the face, no strong odors, sense or perfumes and wear identification at all times.

6.6  Accepting tips/gratitude directly from customers is acceptable by Radius, however asking for it is not acceptable

6.7  You as an Entrepreneur agree to abide by Radius’s code of conduct guidelines as set out in appendix 2. If at any time these guidelines are breached this is grounds for Radius to terminate your Entrepreneur Application and agreement with PT. Radius Grup Indonesia.

Prohibited conduct

6.8  You must not leave any supplied materials unattended. For the duration of this agreement you cannot offer any services or products (as agent or otherwise) which are or may be in competition with the Services you have provided under this Agreement.

6.9  You must not revisit or re-contact any customer after finish performing your service to your customer with any other products apart from that of the principle except with the explicit and specific authority of the Company to do so. You cannot approach Customers from any areas outside the areas notified to you by the Company. Any contact details about customer should be deleted.

6.10  You must not perform any services and or give any warranties or guarantees to potential Customers which are not set out by Radius or any applicable standard terms or in accordance with the latest notified information provided by Radius.

6.11  You must not issue any advertisement or undertake any promotion, or offer any incentives or undertake any activities in connection with this Agreement which are not expressly authorized by RADIUS.

6.12  We do not accept any Radius Entrepreneur making any false or misleading statements, criticising any other organisations, services or products, or altering any supplied material.

Cancellations

6.13  Instant bookings: Radius Entrepreneur’s cannot cancel a booking directly through Customers, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the help section of the application.

6.14  Calendar bookings: in the case a Radius Entrepreneur must cancel a confirmed pre booking, the Entrepreneur must advise Radius no later than 24 hours prior to the booking, this gives Radius enough time to find a replacement.

6.15  Radius cancellation policy allows entrepreneurs to have a maximum of 3 cancellations in one calendar month. Any entrepreneur who exceeds this amount will be immediately suspended from the application until a full investigation has been conducted by Radius. Radius holds a strict cancellation policy to ensure Customers are not let down and get the best experience possible when using radius, in the case these policies are not adhered to radius reserves the right to remove the Entrepreneur from the platform at any time.

Prohibited Conduct

6.16  In using the System, You shall not:

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

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

6.16.3  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.

6.16.4  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.

6.16.5  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.

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

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

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

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

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

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

6.16.12  Deliberately misrepresent Your location, or

6.16.13  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

6.17      You shall not use the Services to:

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

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

  • Your Mobile Device

7.1  Your access to the Entrepreneur 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.

  • Financial terms

Entrepreneur Application

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

Entrepreneur Fees

8.2      Entrepreneurs are entitled to charge Customers 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, nanny, delivery services or any other such services provided on radius.

8.2.2  Any applicable cancellation charges (please see appendix 3 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 Entrepreneur Fees). The fee for each instance of Services, any cancellation charges and/or taxes (as applicable) will be calculated via the Entrepreneur Application and all other charges will be automatically calculated into the Application (without mark-up) and are payable by the Customer 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 Entrepreneurs 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 Entrepreneur Application and it is Your responsibility to review the Entrepreneur Fees (or the basis on which they will be calculated) carefully before electing to provide such Services. You will be deemed to be aware of, and You accept responsibility for, all Entrepreneur Fees incurred under Your Account.

8.4      The Entrepreneur 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 providing Services, You must make yourself available at the relevant location by the relevant time specified via the Entrepreneur Application. If You fail to do so, the Customer or Radius is entitled to cancel the Service and You will not receive any fees.

8.6      You acknowledge and agree that Radius may, to the extent permitted by Applicable Law, adjust or cancel the Entrepreneur 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)

8.7  The Radius Entrepreneur shall indemnify and hold harmless the Company, any subsidiary that the company, and/or its affiliates against all liabilities and costs arising as a result of any breach of this Agreement by or wrongful act or omission of the Radius Entrepreneur.

8.8  The Company may withhold any payments due under this Agreement during any period of suspension or if this Agreement is terminated for any of the above reasons.

Promotions

8.9      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.

Payments

8.10      You agree to the Entrepreneur Fees as highlighted in Appendix 1 and according to the conditions set out by Radius

8.11 Where the Customer agrees to pay the Entrepreneur Fees via the Customer Application, You grant to Radius the full power and authority to debit the relevant amount of Customer Fees using the Customers registered payment method and remit the money on Your behalf to the your Radius-Pay wallet minus the relevant fees to radius set out in appendix 1.

8.12  In the case the Customer agrees to pay in cash the amount owed to Radius will be minused from the Entrepreneurs Radius-Pay Wallet. If in any case there is not sufficient money in the Entrepreneurs Radius-Pay account the Entrepreneur will be blocked from receiving any further orders until the entrepreneur has topped up their Radius-Pay account.

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

8.14  All payments less the retained sums will be made in arrears within seven working days of the week ending date, which concludes on the Friday of every week.

8.15  All entrepreneurs must have a minimum balance of 300,000 IDR in their Radius-Pay account. In the case they wish to cancel their radius account the remaining balance will be returned minus any outstanding amount owing.

Taxes

8.16      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.

8.17      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.

8.18  Radius will withhold and pay tax directly to the taxation department in accordance with Indonesian law.

8.19  Radius will provide tax filing receipts monthly for all Entrepreneurs.

8.20  You are solely responsible for reporting to the tax office every year all income tax and any other withholdings, charges or taxes imposed on the remuneration (including but not limited to any bonus and commission) as well as all liabilities as a self-employed person.

Rolling and Reserve Bond

8.21  The Company shall retain a min balance of 300,000 IDR as a security bond (“Bond”). The Company may use this Bond to pay any:

8.21.1  Damages, losses, liabilities, costs or expenses in respect of a breach by you of any provision of this agreement.

8.21.2  Monies owed to the Company by you under any agreement between you and the Company, or

8.21.3 Reimbursement to the Company of Entrepreneur Service Fees or other amounts paid to the Entrepreneur if it is subsequently found that the Entrepreneur was not entitled to receive that amount including but not limited to cancelled or no-show bookings.

8.22  The Company shall retain all Credit Card Payment from customer until the amount value of Rp 300.000,-. Is reached.

8.23  The balance of the Security Bond will be held in the Radius-Pay account, after all proper deductions have been made in accordance with this clause will be available to the Radius Entrepreneur thirty (30) days after termination of this contract, only with the return of identification badge, restricted documents and relevant equipments.

Insurance

8.24  The Radius Entrepreneur will be responsible for making all arrangements necessary and to insure himself/herself against any injury or loss of income resulting from any accidents by him/her in the course of undertaking the contracted activities.

  • Indemnities and liability

Indemnities

9.1      You shall defend, indemnify and hold harmless Radius, its licensors, Customers 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:

(a) 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.

(b) Any third party claims (including claims by any Customers) arising from Your use of the System and/or the Services, and

(c) In respect of any items that You received payment for and, obtain and/or use in relation to the Services provided by you to Customers.

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 Entrepreneur 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.

  • Term and termination

10.1      If you breach any of the above terms you will be in breach of the terms of the Radius Entrepreneur agreement under which you are allowed to operate and as such you will have your agreement with us terminated. You will in this case also be liable to pay any penalties or other amounts caused by your breach.

10.2  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.

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

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

10.3.2  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.

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

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

10.5.1  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 Customers prior to termination or expiry, and

10.5.2  Immediately delete and fully remove the Entrepreneur Application from Your Mobile Device.

10.5.3  Return all Radius materials and merchandise provided to you which is IP of Radius.

10.6      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.

  • 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 Customers.

  • 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.

  • 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.

  • 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 the Customers. They are free to use any other Entrepreneur as they see fit.

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

Relationship of the Parties

14.11  Nothing in this Agreement creates, whether expressly or impliedly, a relationship of an employee, agent or partner of the company and the Company’s clients. The Entrepreneur is not authorised to bind or make any statement, claim or representation for or on behalf of the Company and/or any third party client. The Entrepreneur assumes all risk connected with work to be performed. The Entrepreneur agrees to indemnify the Company for any and all liability or loss arising from the performance of this Agreement.

Appendix 1
Fee Structure RADIUS Entrepreneur and or companies

 

Massage US – Entrepreneurs or companies

 

Pamper US – Entrepreneurs or companies

 

Drive US – Entrepreneurs or companies

 

Scoot US – Entrepreneurs or companies

SCOOT US

 

Party US – Entrepreneurs – Delivery suppliers (not alcohol suppliers)

 

Nanny US – Entrepreneurs

Appendix 2
Specific Terms and Conditions

MASSAGE US

  • All hand jewellery must be removed when conducting the massage.
  • Nails must be trimmed so they do not scratch customer.
  • All Radius Entrepreneurs are requested not to use oil on the face when doing massage on the face area.
  • All Radius Entrepreneurs are asked to carry wet tissues to wipe customers feet after each massage session has finished.
  • No sexual services or advances are allowed.
  • Radius Entrepreneurs are asked to use a new massage sheet for every new customer.
  • Radius Entrepreneurs are requested to ask customers their preferences, such as oil or lotion and the strength they require.
  • In the case of an incident or complaint all Radius Entrepreneur’s must report the issue to Radius help line through Radius application immediately.
  • In the case a customer complains about a Radius Entrepreneur any damages or costs will be covered by the Radius Entrepreneur.
  • Radius Entrepreneur’s agree to only charge customer the advertised rates on the application, under no circumstances are you to charge different rates.
  • If Radius Entrepreneur confirms a massage booking, then the Radius Entrepreneur is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, and this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Radius Entrepreneur must dress professionally, no sandals.

PAMPER US

  • It is compulsory for all Radius Entrepreneur’s to ask the customers for their preferences before starting the service.
  • All equipment used must be clean and sterilized.
  • All nail polish should be of a high quality.
  • No sexual services or advances are allowed.
  • In the case of an incident or complaint, Radius Entrepreneur’s must report to the Radius help line through the application immediately.
  • In the case a customer complains about an entrepreneur any damages / costs will be covered by Radius Entrepreneur.
  • The Radius Entrepreneur agrees to only charge customers the advertised rates on the application, under no circumstances are you permitted to charge different rates.
  • If a Radius Entrepreneur confirms a pampering service, the Radius Entrepreneur is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, and this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Radius Entrepreneurs must dress professionally, no sandals.

NANNY US

  • It is compulsory for all Radius Entrepreneurs to ask customers their preferences for babysitting before starting the service. The customer must fill in the required questionnaire and waiver to instruct you what they allow and do not allow. This is compulsory prior to starting. If the customer does not fill in the waiver and questionnaire you must not start for your own protection and liability. In the case that any of these requests are not followed this will be grounds to terminate the agreement between an entrepreneur and Radius. All Customer checklists must be kept by you in case an issue arises.
  • Radius Entrepreneurs will not remove any children from the residence/accommodation unless accompanied by the parent or guardian.
  • On absolutely NO occasion are you the Radius Entrepreneur permitted to have any friends, family or partners during the babysitting booking.
  • No sexual services or advances are allowed.
  • All Radius Entrepreneurs agree never to turn up to a booking under the influence of drugs or alcohol.
  • The Radius Entrepreneur selected is the primary caregiver of the Customer’s children, under NO circumstances are you to leave the children alone.
  • When a Radius Entrepreneur accepts a babysitting booking, after you arrive you must introduce yourself, confirm again start/finish times, babysitting directions, ask of any additional special requirements and fill out the checklist and waiver.
  • All Radius Entrepreneurs must conduct the Nanny Checklist and permission document prior to starting babysitting for the customer.
  • Radius Entrepreneurs must comply with the parents checklist and wishes as per the parents requests.
  • The customer’s private telephone is not to be used except under emergency situations.
  • Radius accepts no responsibility in the case of an injury or accident while the child/ children are in your care.
  • Radius will endeavour to ensure all nannies provided through Radius application are certified by Radius and trained to the relevant standards including general first aid training. However it is your responsibility to ensure you are comfortable and qualified to handle the parent’s requests. If you are not you must inform Radius so we can find a replacement or cancel the job.
  • Radius does not permit Radius Entrepreneurs to allow children to swim unless all children can swim and the parents have signed a waiver.
  • If there is no pool fencing and the children cannot swim as per the waiver, the Radius Entrepreneur is only allowed to babysit the child in an enclosed room or area, safe and secure away from the pool.
  • Our rules and regulations are intended to protect children’s safety and your liability.
  • Radius Entrepreneurs agree to only charge the customer the advertised rates on our application, under no circumstances are you to charge different rates.
  • If a Radius Entrepreneur confirms a babysitting booking, then the Radius Entrepreneur is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Radius Entrepreneur have to dress professionally, no sandals.

Guidelines for your own safety

  • If under any circumstances you (Radius Entrepreneur) feel threatened or unsafe, then you should leave straight away, and must take the children and yourself to safety zone. Please contact us immediately. In the case of an emergency you will have to contact the parents first and Radius second.
  • Let a friend or relative know exactly where you are and what the expected finish time is.
  • Make sure your friend or relative has a copy of contact details, address, the name of the customer and phone number.
  • Keep a charged cell phone with you at all times.
  • Always park your vehicle close by, under street lights.
  • When arriving at the customer’s place, introduce yourself, discuss with client if they have any animals at the property.

DRIVE US

  • One (1) day rental is for 10 hours.
  • If you violating traffic rules and have a problem from authority, it will be the Entrepreneurs personal responsibility, not Radius.
  • You are not permitted to answer any phone while you are driving your vehicle with your passenger in it.
  • You are responsible for your own insurance for the protection of your customers and your vehicle.
  • You are responsible for fuel however the customer must pay for parking.
  • Please do not fill petrol up with the customer in the car.
  • You must keep your car clean and tidy at all times.
  • No smoking in the car by you or the customers.
  • No eating at any time while driving unless on a designated break. Lunch is your expense when driving – you are not to ask for lunch or payment while working.
  • Radius Entrepreneurs agree to only charge customers the advertised rates on our application, under no circumstances are you to charge different rates.
  • If the Radius Entrepreneur confirms a car rental booking, then the Radius Entrepreneur is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Radius Entrepreneur have to dress professionally, no sandals.

PARTY US

  • Radius Entrepreneurs may have to come to the office from time to time to balance the cash delivery results from the day prior.
  • Radius Entrepreneurs must collect and deliver the item immediately to the customer.
  • Radius Entrepreneurs are responsible for the payment of damaged goods if the item is broken in the care of the entrepreneur.
  • Radius Entrepreneur must only collect the payment amount stated in the application.
  • Radius Entrepreneurs must call the customer to change products if the product is out of stock and reconfirm the new product with the same price or less. The advertised price is non-exchangeable or negotiable.
  • Delivery of Alcohol is only allowed to Customers over the age of 21. If in doubt please ask for ID.
  • Radius Entrepreneurs agree to only charge customers the advertised rates on our application, under no circumstances are you to charge different rates.
  • If a Radius Entrepreneurs confirms a delivery booking, then the Radius Entrepreneur is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Radius Entrepreneur have to dress professionally, no sandals.

SCOOT US

  • The Entrepreneur or company must supply the bike directly to the customer.
  • The Entrepreneur or company must collect the bike from where it was delivered to.
  • The Entrepreneur or company must check the customer has 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.
  • Radius is not responsible for any damages or claims as a result of the bike hire or accidents which arise due to the bike hire.
  • Radius will not take any responsibility for accidents which may happen due to the rental of scooters.
  • Radius is not involved in any violation against Indonesia’s traffic rules.
  • The Entrepreneur or company is responsible for training to the customer and to ensure the customer is qualified to ride and aware of their own risks and obligations.
  • The Entrepreneur or company agrees to only charge customer the advertised rates on our application, under no circumstances are you to charge different rates.
  • If an Entrepreneur or a company confirms a scooter rental booking, then entrepreneur or company is responsible to uphold their commitment to the customer and to Radius.
  • Instant bookings: Radius Entrepreneur’s cannot cancel through the customer, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the application.
  • Calendar bookings: if a Radius Entrepreneur cancels a Radius massage booking, you must advise Radius no later than 24 hours prior to the massage booking, and this gives Radius time to find a replacement therapist.
  • Please remember all cancellations will be noted to your performance record.
  • All Entrepreneur or company have to dress professionally, no sandals.
Appendix 3
Cancellation policy and terms

Cancellations policy Entrepreneurs

  • Instant bookings: Radius Entrepreneur’s cannot cancel a booking directly through Customers, in the case of a cancellation due to an emergency, you must contact Radius immediately via the Radius customer service team located on the help section of the application.
  • Calendar bookings: in the case a Radius Entrepreneur must cancel a confirmed pre booking, the Entrepreneur must advise Radius no later than 24 hours prior to the booking, this gives Radius enough time to find a replacement.
  • Radius cancellation policy allows entrepreneurs to have a maximum of 3 cancellations in one calendar month. Any entrepreneur who exceeds this amount will be immediately suspended from the application until a full investigation has been conducted by Radius. Radius holds a strict cancellation policy to ensure Customers are not let down and get the best experience possible when using radius, in the case these policies are not adhered to radius reserves the right to remove the Entrepreneur from the platform at any time.

 

Cancellations policy Customers

  • When providing Services, You the entrepreneur must make yourself available at the relevant location by the relevant time specified via the Entrepreneur Application. If You 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 the entrepreneur will not be entitled to any fees.
  • 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. In this case the entrepreneur will be entitled to their normal fee as per schedule 1.
  • 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. The entrepreneur will be paid the normal fee as per schedule 1.
  • In the case a customer complains about a service and is issued with a full refund no payment will be made to the entrepreneur.
  • You acknowledge and agree that Radius may, to the extent permitted by Applicable Law, adjust or cancel the Entrepreneur 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)