1. General Condition of Use
1.1 Scope and definitions
ompreng.com owns and operates the website: www.omprengan.com
“ompreng.com" means PT Hoki Jaya, the company maintaining the matching services for ridesharing on the Site and any of its partners or group or associated companies.
“Booking Confirmation” has the meaning ascribed to it at Clause 2.4.2.
"Cost Contribution" means the amount excluding the Booking Fee (if any) set out by the Driver in relation to the Trip which is payable by the Passenger as their contribution towards the costs of the Trip.
"Driver" means the individual using the Site to offer to Ridesharing journey with a Passenger and to transport that Passenger to a given destination at an agreed time in exchange for the Cost Contribution.
"Leg" refers to a section or part of a Trip offered for separate booking by a Passenger as set out in the Conditions.
"Passenger" means an individual who has agreed using the Service to travel with a Driver.
“Qualifying Trip” has the meaning ascribed to it at clause 2.4.1.
“Ridesharing” means the sharing of a Vehicle for a Trip or Leg by a Driver carrying a Passenger for that Trip or Leg in exchange for a Cost Contribution;
"Service" refers to any service provided by the Site to any User.
"Site" means www.ompreng.com and any other website or related mobile or other applications edited, maintained or operated by ompreng.com alone or with others which offers similar services including any microsites or sub-sites offered through any such website or application
“Trip" means a given journey in relation to which a Driver and a Passenger have agreed a transaction through the Site and such expression shall include a Qualifying Trip.
"User" refers to a Passenger, Driver or any other user of the Site.
"User Account" means an account with the Site opened by a User and used in order to access the Service provided by the Site.
“Vehicle” means the vehicle offered by a Driver for Ridesharing.
1.2 Acceptance of Conditions
These Conditions apply to any use of the Site whatsoever. By using the Site, Users accept these Conditions in full, even if a User does not create a User Account.
In the event that any User fails to comply with any of the Conditions ompreng.com reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.
The agreement for the provision of the Ridesharing is between Drivers and Passengers and ompreng.com is not a party to these arrangements or agreements between them.
These Conditions are intended to create binding rights and obligations between Users in accordance with the Contracts (Rights of Third Parties) Act 1999.
1.3 Variation of the Conditions, the Site and Service
ompreng.com reserves the right to modify the Conditions at any time. In addition, ompreng.com may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Users.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
2. Use of the Service
2.1 User Account and Accuracy of Information
In order to use the Services each User must create a User Account and agrees to provide any personal information requested by ompreng.com. In particular, Users will be required to provide their first name, last name, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 at the time of registration.
Users agree and accept that all of the information they provide to ompreng.com when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to ompreng.com or posted on the Site in connection with any Trip, Vehicle or Ridesharing will be true accurate and complete.
ompreng.com will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) which is incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by ompreng.com Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person.
Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.
2.2 No Commercial activity and Status of ompreng.com
The Site and the Service are strictly limited to providing an online platform that connects Drivers and Passengers to car share in a private capacity. The Site and the Service may not be used to connect Drivers and Passengers to car share, offer or accept ridesharing for profit or in any commercial or professional context.
Drivers must not profit from any Trip. The Service and the Cost Contribution may only be used to discharge the Driver’s costs and may not be used to generate any profit for the Driver. The Driver is not entitled to make profit by virtue of the amount of the Cost Contribution, the types of Trips offered by a Driver, the frequency of such Trips or the number of Passengers transported. This applies to all activities, arrangements and Services booked using the Site and any additional services or activities which may be agreed between Driver and Passenger.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop offs and pick-ups and collecting additional passengers (other than the Passenger).
All Trips, collection points and destinations must be pre-agreed through the Site in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passenger through the Site.
Users are reminded that using the Site in a commercial or professional capacity may invalidate a Driver’s insurance. ompreng.com’s liability is limited in accordance with these Conditions and in particular ompreng.com is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Driver (in breach of these Conditions) offers Services through the Site in a professional or commercial capacity (thereby potentially invalidating their insurance). It is up to Users to be vigilant in ensuring that ridesharing related services are not provided on a commercial basis.
Status of ompreng.com
Neither ompreng.com nor the Site provides any transport services. The Site is a communication platform for Users to transact with one another. ompreng.com does not interfere with Trips, destinations or timings. The agreement for ridesharing is between the Driver and the Passenger. ompreng.com is not a party to any agreement or transaction between Users, nor is ompreng.com liable in respect of any matter arising which relates to a booking between Users.
Save in relation to the collection of the Cost Contribution in accordance with Clauses 2.3 and 2.4 below, ompreng.com is not and will not act as an agent for any User.
Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.
2.3 Types of Booking and Payment
ompreng.com offers a free service which allows Users to contact each other directly to arrange a car share by setting up a meeting point and agreeing travel conditions
Users accept that given the nature of the service and the fact that it is free of charge Drivers and Passengers will have no recourse to ompreng.com for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Driver or the Passenger to turn up or non-payment of the Cost Contribution. In particular it is the Driver’s responsibility to collect payment from the Passenger at the time of the Trip.
Please note that ompreng.com reserves the right to change any aspect of the Site or its services which may include adding new services (which may require payment) or withdrawing services.
2.5 Driver and Passenger obligations
Each of the Drivers undertakes and agrees that:
· They will present themselves on time and at the place agreed with the specified Vehicle;
· They will immediately inform all Passengers of any change whatsoever to the Trip;
· If the Driver decides to change any aspect of a Trip, the Driver undertakes to contact all Passengers who have made a booking in relation to that Trip and to obtain the agreement of all Passengers to the change.
· They must comply with the Good Conduct Charter at all times;
· They must wait for the Passenger(s) at the pickup point for at least 30 minutes after the agreed time (however, the Passenger is expected to be punctual); and
· They must abide by all road rules and laws of the countries in which they are driving and will drive safely.
Each of the Passengers undertakes and agrees that:
· They will present themselves on time and at the place agreed with the Driver;
· They will immediately inform the Driver or ompreng.com if they are required to cancel a Trip;
· They will comply with the Good Conduct Charter at all times;
· They wait at the pickup point for at least 30 minutes after the agreed time for the Driver to arrive;
If the Passenger or Driver fail to comply with any of these terms or any other Conditions ompreng.com reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Site.
The Driver agrees and undertakes that they will take out and maintain insurance to cover the Trip and any ridesharing offered or booked through the Site (including for the avoidance of doubt insurance to cover any international or overseas part of a Trip). The Driver agrees that they will, on request, provide the Passenger with evidence in advance of the Trip of the complete validity of his or her insurance policy. The Driver also undertakes to hold a valid driving licence and that the Driver will own or will be entitled to use the Vehicle and that the Vehicle will have a valid MOT certificate and the Passenger is entitled to request evidence of the Driver’s insurance, registration certificate (‘log book’), driving licence and MOT certificate at any time up to completion of the Trip.
It is ompreng.com’s understanding that most insurers take the view that a Passenger who contributes only towards travel expenses is treated as travelling for free, and is therefore a third party passenger who is covered by compulsory third party insurance in the Indonesia. However ompreng.com gives no warranty or assurance in this regard and it is the Driver’s responsibility to verify that their insurance provides adequate cover in the Indonesia or elsewhere in the world.
It is up to each Driver and Passenger to confirm with each other that the Driver is covered by valid insurance for a Trip. The Driver must confirm that his or her insurance policy allows him or her to carry passengers and that the insurance policy covers all Passengers and any accident or incident which may occur during a Trip.
The Driver and the Passenger are aware that standard non-commercial insurance policies may refuse to cover loss or damage arising in the event that the Driver had made or was seeking to make a profit.
The Driver may collect no payment from the Passenger other than the Cost Contribution and the Driver must not in any event make a profit.
The Driver therefore undertakes to calculate his or her expenses (fuel, toll, maintenance, repairs, depreciation and insurance of his or her Vehicle) and guarantees that the total Cost Contributions requested from his or her Passengers does not result in any profit.
If the Driver does make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Trip for any other reason the Driver will be responsible for the financial consequences, losses and damages arising and ompreng.com will not be liable under any circumstances to the Driver or the Passenger.
Ompreng.com reserves the right to suspend immediately the account of a user or User including the money displayed as a credit or otherwise and to make aware to competent authorities any professional activity.
2.7 Management of disputes between Users
Ompreng.com shall provide its Users with an online service for resolving disputes. This service is non-binding. Ompreng.com is under no obligation to seek to resolve disputes and this service is offered at ompreng.com’s sole discretion and may be withdrawn at any time.
If any dispute is not settled, ompreng.com reserves the right to retain any sums paid by the Passenger until an amicable agreement has been reached between the Passenger and the Driver or a definitive judicial decision has been made.
2.8 Verification of phone number
In order to increase trustworthiness, prevent typos and wrong numbers, any User can verify their mobile number. The User may do this by providing ompreng.com with their mobile phone number, after which the User will receive an SMS with a 4-digit code which can be validated on the Site.
This service is free of charge, except for the possible cost levied by a User’s mobile phone operator for receiving the SMS.
Ompreng.com is not a party to any agreement between a Driver and Passenger and will not be liable to either party unless the loss or damage incurred arises due to ompreng.com’s negligence.
Ompreng.com shall use its reasonable endeavour to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for reason beyond ompreng.com’s control. ompreng.com does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users or users may experience with the Site. If a User detects a fault, please contact us and ompreng.com will endeavour to correct the fault as quickly as ompreng.com can.
ompreng.com will not be liable to a User for any fraudulent use of payment instruments by a Passenger. In such circumstances, no compensation or indemnity whatsosever shall be given by ompreng.com to the Driver.
ompreng.com shall not be liable for any loss or damage arising as a result of:
· Any inaccurate or incomplete information being provided by a User;
· The cancellation of a Trip by a Driver or Passenger;
· Any failure to make payment of a Cost Contribution;
· Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or Passenger before, during or after a Trip.
Ompreng.com will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by ompreng.com (whether suffered or incurred as a result of the ompreng.com’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.
Ompreng.com’s liability to any User for all losses in respect of any Trip is capped at the sum of Rp 100,000
Ompreng.com will not be liable to any User in relation to any Trip and / or unpaid Cost Contribution and / or Booking Fee unless ompreng.com is notified of a claim relating to that Trip or unpaid Cost Contribution a within 3 months of completion of the Trip.
Nothing in this Agreement limits or excludes ompreng.com’s liability for death or personal injury arising as a result of ompreng.com’s negligence.
Given that Drivers are required to hold valid insurance to cover a Trip and given that ompreng.com’s service is limited to putting Drivers and Passengers in touch with each other and cannot oversee any Trip Users accept that the limitations on the ompreng.com’s liability set out above are reasonable.
4. General Terms
4.1 Suspension or withdrawal of Site access
In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that ompreng.com can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).
4.2 Intellectual property
The format and content of this Site is protected by Indonesia and ompreng.com reserves all of its rights in relation to its copyright whether owned or licensed to ompreng.com.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to ompreng.com) which appear on the Site.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ompreng.com. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of ompreng.com. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
4.3 Content of the Site provided by the Users
By displaying content on this Site, Users expressly grant a licence to ompreng.com to display the content and to use it for any of ompreng.com’s other business purposes.
Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to ompreng.com’s policy and ompreng.com does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify ompreng.com in relation to any liability it may suffer as a result of any such content. However as soon as ompreng.com becomes aware of infringing content, ompreng.com shall do everything it can to remove such content from the Site as soon as possible.
4.4 Partner sites
Ompreng.com reserves the right to reproduce any information that appears on the Site or on the partner sites.
In particular, ads published on one of the sites maintained or co-maintained by ompreng.com may be reproduced on other sites maintained or co-maintained by ompreng.com or third parties.
5. Law and Jurisdiction
These terms shall be governed by the law of Indonesia and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Indonesia.