Green SM - Terms and Policies

TERMS OF SERVICE Welcome to the electronic information page id.greensm.com and Green SM Application of PT. XANHSM Green and Smart Mobility Indonesia (“Green SM”). GENERAL RULES Please read the Terms of Service of using the Application carefully before installing and using the Application to order any Services through the Application. The Terms of Service are an electronic legal agreement between You and Green SM when You have chosen to use the Services through the Application. The Terms of Service and any amendments and supplements to the Terms of Service published by Green SM are effective at each time the content is posted on the website id.greensm.com / and/or on the Application. Green SM may update/amend the provisions of the Terms of Service at any time without obtaining prior approval from or giving prior notice to User. It is Your responsibility to review the Terms of Service regularly. By continuing to access or use the Application and/or Service, You agree to subject to and comply with all provisions of the Terms of Service and applicable laws and regulations, including all additions, amendments and terms of use from each Service, promotions or payment method. Before using the Application, You must agree to the Terms of Service and Privacy Policy entirely, and register Yourself by providing information that Green SM need. DEFINITIONS AND INTERPRETATION OF WORDS “Green SM” is PT. XANHSM Green and Smart Mobility Indonesia operating under Single Business Number No. 1503240233108 issued by Ministry of Investment/ Indonesia Investment Coordinating Board for the first time on March 15th, 2024; “Terms of Service” means the Terms of Service of using the Green SM Application and its amendments and supplements, policies related to the Service, and the Regulations of using the Service, the Rules of Conduct are published by Green SM on the website id.greensm.com and/or on Green SM Application from time to time; “Services” means delivery, transport, or other services provided by Green SM or Green SM’s Drivers which are connected through the Application; “User” means any person using the Application to search for and/or use the Services; “Customer” means any person who directly uses the Services, including the User and the person authorized by the User to search and use the Services requested through the User Account; “Driver” is an individual who cooperate with Green SM and is qualified to provide Services to Users in accordance with the applicable laws; “Application” is the Green SM Application installed on a mobile device, managed and operated by Green SM, allowing Users to access to use/order the Service; “User Account” means the User's Application usage account created and activated on the Application; “Driver Account” is the Driver's Application usage account created and activated on the Application. COMMIT Commitment throughout the process of using the Application You undertake that: To have full civil capacity as prescribed by law to accept and agree to the Terms of Service; The information provided to Green SM is always guaranteed to be updated, complete and authentic; To use the Application for lawful purposes; Do not provide and share to any other person with access rights to the User Account/Driver Account, including the transfer of the User Account/Driver Account or information of the User Account/Driver Account to any other person including the two factor Authentication, PIN, password, and OTP number. We reserve the right to refuse to facilitate orders/transactions if We know or have sufficient reasons to suspect that You have transferred or allowed Your Account to be used by someone else for any reason.; To check and make sure the Application is compatible to load for your mobile device. Commitment when using the Service You agree that: Do not use the Application to send or store any unauthorized material or information or for fraudulent purposes; to annoy, harass others or make fake service bookings; violates the prohibitions of the applicable laws; Do not use information of Green SM, Driveror User for any purpose other than using the Service (if You are a User) or providing the Service (if You are a Driver); Do not commit acts (intentionally or unintentionally) that may cause damage to Green SM, the Application, brand reputation, property of Green SM and/or Drivers and/or Users; To be solely responsible for maintaining and securing your User Account/Driver Account password or any identification method that Green SM provides You for the use of the Application; To provide Green SM with any proof of identity that Green SM may require for the purposes of creating a User Account/Driver Account and providing the Services; To agree to provide accurate, timely and complete information. Green SM has the right to terminate your provision and use of the Services at any time without notice; Do not commit acts of deceiving Green SM and other acts of a similar nature to gain illegal benefits in any events or promotional activities conducted by Green SM; Do not cancel a trip multiple times in a row; Green SM reserves the right to block or deny access to the User Account, and/or block built-in features in the Application, without prejudice to Green SM’s other rights and remedies when Green SM believes that You have violated any terms of the Terms of Service and/or the the applicable laws; When requesting or using the Services through the Application, You are responsible for paying any telecommunications fees according to the policies of your telecommunications service provider; The use of the Application, Services and/or integrated features on the Application will be in accordance with and subject to Green SM’s information security policy; You are ultimately responsible for your own safety while providing and using the Services, and must take all necessary precautions to ensure safety when providing and using the Services. Therefore, User must wear appropriate safety gear (i.e. seatbelt) while traveling using the Services. You understand that You are required to adhere to the passengers limits as specified for the vehicle type driven by the Driver. The Driver reserves the right to reject or cancel the Service order if the Driver determines that the number of passengers will exceed the carrying capacity of the vehicles. Goods and luggage left in the vehicle used to provide the Service are not the responsibility of Green SM. Green SM does not provide storage services and is not obligated to store goods or luggage in any form. To commit to take full legal responsibilities and duties for all losses or damages caused to yourself, Drivers, Green SM, Green SM’s personnel and any third party when You violate any provisions of law, the Terms of Service. You are prohibited from carrying items that are prohibited or that are not in accordance with the applicable laws and regulations, including but not limited to illegal or dangerous items such as narcotics, illegal drugs or hazardous materials and/or items. PAYMENT, DISCOUNT Service Fee will be offered and displayed on the Application before You use the Services. You understand and acknowledge that Green SM can change the offer and/or updates the offered Service Fee from time to time based on factors, including location, time, applicable laws and regulations. If there are other costs incurred during the provision of Services for You, including but not limited to toll fees and parking fees, then You are fully responsible for full reimbursement for these additional costs. When You have completed using the Services, You are required to pay the Driver and Green SM in full. Any payments made under such option will be non-refundable. You may choose to pay Drivers and Green SM for the provision of the Services in cash, by credit or debit card (“Card”), or any other available payment method in the Application. If You choose to pay by Card, You need to register a valid Card in accordance with the regulations shown on the Application. You agree that Green SM has right to verify and accept Your Card information when You register your Card at the first time with Green SM and when You use the Services. If the Card payment is processed abroad, You will bear the costs arising from this payment. Green SM may refuse to accept payment of any transaction using the Card method on the Application in the event of any error in the transaction leading to the Card issuer refusing payment or where Green SM believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where Green SM believes that You are in violation of the Terms of Service. You are solely responsible for resolving disputes with the Card issuer. When You are a Driver, payment is made according to the cooperation contract between You and Green SM and the policies issued by Green SM that are in effect from time to time. PROMOTION Green SM may offer promotions with different features and different prices to any User. These promotional offers are subject to the Terms of Service and shall take effect only for certain Users as indicated in the offer. You may choose whether or not to participate in the promotion. If You decide to participate, You agree that the promotion: Can only be used legally according to the content of the promotion program; May not be reproduced, sold or transferred in any way or made available to the public, unless expressly permitted by Green SM; Not convertible to cash or cash equivalent; Not valid after the expiration date stated in the promotion. Green SM may offer various discount policies to any User. Green SM has sole discretion to determine the scope of application and terms of the discount policies. By using the Service, You agree to accept the discount policies of Green SM. You agree to utilize the promotions in accordance with the corresponding terms, conditions, and purpose of such promotions and will not abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the promotions in any form of manner whatsoever. LICENSING AND INTELLECTUAL PROPERTY RIGHTS If You are a Driver, when applicable, Green SM and Green SM’s licensors (if any) grant You a revocable, non-exclusive, non-transferable license, personal, limited to the use of Application for the purpose of using the Service on the basis of the Terms of Service. You only have the rights to use the Intellectual Property granted within the Application and Services. Only Green SM and Green SM’s licensors (if any) have intellectual property rights and related rights to the Application and/or other supporting software of the Application (“Intellectual Property”). The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to You any ownership of or in connection with the Application and/or other supporting software or any other intellectual property right in the possession of Green SM. When the cooperation contract between Green SM and the Driver terminates for any reason, the Driver is not allowed to use uniforms, helmet and any property (even if owned by the Driver) associated with Green SM’s intellectual property (brand, logo,...) for activities that may cause confusion that the Driver is still cooperating with Green SM (for example, transportation business activities) or any other activities that may causing negative impacts on Green SM’s brand. The content of the Terms of Service does not constitute an agreement to trade, assign/transfer to the Consumer any ownership of the Green SM’s trademarks, logos, the Service’s logos, the Application’s logos. SECURITY As a user of the Application, You must keep confidential all information and data relating to Green SM, staff of Green SM, the Services, products, businesses, marketing and promotion plans or other activities of Green SM and its affiliates, as well as information/ privacy data regarding the Drivers or Services that has been disclosed to You by Green SM or its representative (whether orally or in writing, before, at or after the date of the Terms of Service) or collected indirectly or directly by You from Green SM or any other affiliate, or created during the course of the Terms of Service. DISCLAIMER Green SM does not make any representations or warranties or incur any liability for the reliability, punctuality, timeliness, quality, suitability, availability, accuracy or completeness of the Service provided on the Application and/or in terms of promotions/gifts. Green SM makes no warranties that: The Application and the related support software will be free of bugs or defects. The quality of any product, service, information, gift, or offer that You purchases or acquires through the Application will fully meet Your requirements or expectations. The Services and Applications will completely meet Your requirements or expectations. The Application and/or the server(s) on which the Application operates will be free of viruses or other harmful components. The use of the Service on the Application and/or other supporting software will be safe, timely, uninterrupted or bug-free or may be operated in conjunction with any other hardware, software, system or any data. Green SM will be exempt from liability in the following cases: Losses may be caused to You due to inability to access and use the Application for the following reasons: Inability to access and use the Application due to Internet connection error. Hardware or software failures beyond the Green SM’s control. Negligence of the User/Driver in maintaining security regarding the User Account and/or Driver Account; Losses due to Internet network errors, machine failure, or system maintenance errors. You acknowledge and agree that all risk arising from the use of the Services, offers and any third party services, including, without limitation, transportation services and/or offers of a third party, are entirely Your own and You will not sue Green SM in anyway. INTERNET ERROR The Services provided through the Application may be subject to limitations, delays, and other problems resulting from the use of the internet and electronic communications including the equipment You use or the Driver uses is faulty, without connection, out of coverage, off or inactive. Green SM will be fully exempted from liability for damages or losses arising from these issues. LIMIT By your agreement to the Terms of Service when using the Application, You agree that You will indemnify and hold Green SM, its licensors and their affiliates, officers, directors, members, such Green SM employees, attorneys and agents harmless against any and all claims, costs, damages, losses, liabilities and other charges (including attorneys' fees and costs and/or actions legal) arising out of or in connection with: (a) Your provision/use of the Services and/or Application in dealings with the Drivers or the Users (as the case may be), or (b) your breach to any of the Terms of Service or any law, whether or not referenced herein, or (c) Your violation of any rights of any third party including the Drivers or the Users arising through the provision/use of the Services, or (d) Your provision/use or provision/misuse of the Services and/or Application; (e) when operating any means to provide the Services. For avoid doubt, the determination of damages and compensation will be based on the regulations of applicable laws. NOTIFICATION Green SM may send a notice in the form of a general notice on the website, on the Application, by email to Your email address in Green SM’s record, or in writing sent by registered mail or prepaid mail to Your address stored in Green SM’s database. Green SM’s notice will be deemed to have been sent to You 48 hours after ending (if via a registered mail or prepaid mail) or after 1 hour after sending (if via e-mail). You can send notice to Green SM by email to the email address support.id@greensm.com by mail or by registered mail to the Green SM’s address according to the contact information as provided on the website or the Application. This notice takes effect from the time Green SM receives the notice. TRANSFER You may not transfer Your rights and obligations arising under the Terms of Service without the prior written consent of Green SM. Any intentional transfer of Your rights or obligations arising under the Terms of Service in violation of this section will be considered null and void. Green SM may transfer its rights and obligations arising under the Terms of Service without Your consent. DISPUTE RESOLUTION In the event of any dispute arising out of and/or related to the signing and implementation of the Terms of Service, Green SM and You shall resolve it through negotiation. If the dispute cannot be resolved by negotiation, the dispute will be resolved by the competent court in accordance with the applicable laws. Notwithstanding anything to the contrary, any claim between Driver and User must be resolved directly with each other. PERSONAL INFORMATION Collection, storing, processing, use and sharing of Your personal information, such as identity data, contact data, location data You provided when opening an Account are subject to the Privacy Policy, which is an integral part of the Terms of Service. APPLICATION SOFTWARE We only provide official Application software on Google Play Store or Apple App Store, and for use on mobile phones or tablet devices only. The downloading the Application which is not Google Play Store or Apple App Store and/or to devices other than mobile phones or tablets is a violation of these Terms of Service and of Our intellectual property rights. To get the best experience while using the Application, We may, from time to time, develop the Application including modifications, repairs, enhancement, updates, additions, and all programs, features, data and information within the Application (“Update”). The use of these Updates are to enhance the functions of the Application and to provide You an improved and enhanced experience. Updates may be made and performed automatically or may require action from You. You agree to receive such Updates when available and permit Green SM to deliver them to you as part of your use of the Application. Please note that the Application may not operate optimally or may not operate at all if the Update is not installed or carried out by You. While the Updates may be automatically deployed or require your manual intervention, please be advised that in the event any form of discrepancies exist due to possible gaps between those Updates, usage of the Application represents your confirmation that the latest version shall prevail. We cannot guarantee that Updates will be available, or that those Updates will be compatible or always compatible with your mobile device specifications and/or your operating system. Appendix 1: PROCEDURES FOR USERS Step 1: Download and install the Application to your phone Step 2: Create an account Users follow the instructions, providing information about their full name and phone number; An activation code will be automatically sent by the system to the registered phone number; Enter the activation code into the App and start using the service. Step 3: For Green Car service: Enter trip itinerary information on the Applcation Step 4: Users select other information related to the trip Information: payment method (cash, card or any other payment method available in the Application), promotion code (if any) and other notes to receive a detail price. For Green Car service: The user confirms the service. Service order of the User will be routed to the nearest Driver and the Driver will move to the Pickup Point to pick up the User. The User's confirmation of the service order is understood that the user has read, understood and agreed to the Terms of Service, and acknowledges that the service order together with the Terms of Service is a legal agreement under electronically between the User and Green SM. Step 5: Payment The Users make payment according to the selected method displayed on the Application (e.g. in cash, Card or any other payment method available in the Application) after using the Service. Step 6: Evaluation The User evaluate the Service and send questions, complaints/reflections on Service quality (if any). Support switchboard: 14068 Appendix 2 – REGULATIONS FOR USING Green CAR SERVICES General rules The Application allows You to search and connect with the Drivers who provide transportation service by electric car. The Green Car service is provided within localities where Green SM is qualified to provide Service according to the applicable laws and service business necessity from time to time. Service provision process Process for the Drivers Step 1: Turn on online mode when ready to be connected to the User Step 2: The Driver confirms the order to receive the trip from the Application Step 3: Starting the trip The Driver provides the Services to the User according to the request entered on the Application. Step 4: Payment The Driver receives the User's payment if the User chooses to pay in cash. Step 5: Ending the trip At the end of the trip, evaluate, send questions, complain/reflect on service quality (if any). Support hotline: 14068 Fee schedule, payments, invoices Tariff Complying with the fee schedule issued from time to time. Payment You can choose to pay fees to the Drivers and Green SM by: cash, Card or any other payment method available in the Application. Billing Invoices for transportation services and platform usage fees are issued and provided to you by Green SM on behalf of the related parties. Green SM will issue an invoice with the buyer's name as “Buyer does not take invoice" according to the law if you do not request an invoice for these types of expenses. The issued invoices are electronic invoices. Service Regulations The Users/Customers, the Drivers and related parties must comply with and fully implement the Terms of Service published by Green SM. When making a trip, Users and Drivers must be self-aware, strictly obey traffic rules, and maintain safety for themselves and others. The Driver who is the vehicle driver must be responsible on ensuring the safety of the vehicle when providing transportation services to customers under the law. Driver has the right to refuse to provide Services if the User/Customer carries oversized objects that the Driver assesses as potentially violating traffic regulations for passenger vehicles, and does not ensure traffic safety rules. The User/Customer commits that the luggage and property they carry are not on the list of goods banned from circulation or goods not allowed to be transported on passenger vehicles according to the laws. To avoid doubt, all violations of the Users/Customers related to luggage/property carried will be the sole responsibility of the Users/Customers. If the User/Customer violates the regulations on carry-on baggage, the User/Customer commits to be responsible on compensation for any damages incurred by Green SM and/or the Driver. In this case, Green SM and/or the Drivers has the right to request inspection of the User's/Customer's carry-on luggage if there is any doubt. To avoid misunderstanding, the requesting and/or performing inspection of the User's/Customer's carry-on baggage does not mean that Green SM and/or the Driver are responsible for the User's carry-on baggage. The User/Customer, in all cases, remains fully responsible for the baggage carried by them. Rights and obligations of the parties The Users are obligated to comply with applicable laws, the Terms of Service, and other Green SM’s policies when using the Services; The Drivers are obligated to comply with the laws, the Terms of Service, the Driver Code of Conduct and other Green SM’s policies when providing the Services. Green SM is obligated to comply with laws and fulfill the obligations stipulated in the Terms of Service.