Technician Terms & Conditions

TERMS OF USE OF MAHAPUTRA.ID APPLICATION FOR TECHNICIAN PARTNERS

Welcome to the Mahaputra.id App for Technician Partners!

 

READ AND UNDERSTAND ALL OF THESE TERMS OF USE THOROUGHLY AND THOROUGHLY BEFORE ACCESSING, AGREEING TO OR USING MAHAPUTRA.ID APPLICATIONS FOR TECHNICIAN PARTNERS.

This Mahaputra.id Application Terms of Use Agreement for Technician Partners ("Technician Partner Terms of Use") constitutes an agreement between you as a third party service provider ("You" or "Partner") and PT. Cipta Kreasi Mahaputra ("Kami" or "Mahaputra.id"), a Limited Liability Company established and operating lawfully under the laws of the Republic of Indonesia and domiciled in the Province of Bali, Indonesia. These technician partner terms of use govern your access to or use of the applications and websites (www.mahaputra.id) we manage, the content and products provided by us, and the use of services or features available on the application to technician partners.

By agreeing to the terms of use of this technician partner, you also understand and agree to:

1.         The authenticity of the use of additional partners, including the policies and all applicable special provisions, and their changes which are an integral part of the terms of use of these partners. These specific terms also include specific terms between you and one of our Affiliates (PT. Maha Putra Engineering) in connection with each technician partner service related to the implementation of technician certification services to support your ability as a technician service provider.

2.         Although it is a single entity, the policies, special provisions, and terms of use of additional technician partners will apply if there is a difference with the terms of use of the technician partner.

Where applicable, your use of the service as a User will be governed by the terms of use of the application mahaputra.id in the link (Link on the example website http://www.mahaputra.id/term-and-condition/).

 

Terms of use of this technician partner regulate the following:

  1. About Mahaputra.id

Mahaputra.id is a technology company that organizes electronic systems. Mahaputra.id

provides a system to connect you as a call service provider with users. Mahaputra.id

does not provide or act as an agent for any person or company. All services are provided

by you to Users, and you act as an independent third party service provider and conduct

your own business, not as an employee, agent or representative of us.

  1. Definition and Interpretation

In this agreement, the terms of understanding are as follows:

 

  1. The Affiliate is in relation to a party, which has a cooperative relationship that is under the control of, or is under common control, with that party, where control means direct or indirect ownership of voting rights or the like. The right of ownership of such party or the force of law to direct or cause the direction of the general management and policies of such party, whether through ownership of voting rights, by contract or not, and control and control are construed accordingly.
  2. An account is a registered account that you obtain after you register to access the Mahaputra.id Services.
  3. Technician Partner Application is an electronic application provided by Mahaputra.id to a service provider as a liaison between technicians or service providers with Users.
  4. User Application is an electronic application provided by Mahaputra.id for Users as a liaison between the User and you.
  5. Applicable law is all applicable laws, regulations, policies, arrangements, regulations, protocols, regulatory permits, regulatory licenses or requirements of courts or governments, administrative or supervisory authorities or bodies, applicable from time to time during the term of these Partner Terms of Use.
  6. User Information is information about a User provided to you by or on behalf of Mahaputra.id, including username, pickup location, contact information and photos.
  7. Personal Information is information that identifies or may be used to identify, contact, or locate the person or device associated with such information.
  8. The Policy is the Privacy Policy, and other policies, guidelines or directives that will be enforced by the Mahaputra.id from time to time, including the policies we apply in the links (https://teknisi.mahaputra.id/s/).
  9. A vehicle is a vehicle that you use for the purpose of providing technician partner services and assisting your operations as a service provider.
  10. Special Terms are supplemental or alternative provisions applicable to certain parts of the Technician Partner services Mahaputra.id and/or Services, as we will notify you from time to time.
  11. The Partner Terms of Use are the terms of use of the Mahaputra.id Application for the Partner, the additional Partner Terms of Use, the Policies and all applicable Special Terms, and their amendments
  12. Mahaputra.id Services are services provided by Mahaputra.id to connect technicians with Users, including through Partner Applications, User Applications and software, websites, platforms, payment services and other related support services. For the avoidance of doubt, Mahaputra.id Services provided by Mahaputra.id excluding Partner Services, given that the Partner Services are provided by you to Users directly.
  13. The User is an end user of the Registered User Application
  14. Your Responsibilities as a Technician Partner

3.1     Your commitment to Mahaputra.Id

     You acknowledge, represent and warrant on an ongoing basis during the term of

 these Partner Terms of Use that:

3.1.1         You have full authority to sign these Technician Partner Terms of Use and perform your obligations under these Technician Partner Terms of Use.

3.1.2         You may operate a technician application and have required permissions (including, in connection with valid and applicable certification of expertise and have all other permissions, approvals and authorizations necessary to provide Technician Partner Services in the Region as required by applicable law.

3.1.3         You have, or have a valid legal right to operate the vehicle to support your operation, and that the vehicle meets safety standards and is in good condition to operate, operate the vehicle within the permitted operating area.

3.1.4         You are at least 20 years of age or the age permitted to provide technician partner services under applicable law.

3.1.5         You will always comply with all applicable laws, and will promptly notify Mahaputra.id if you violate any applicable law.

3.1.6         You will only use the services Mahaputra.id for lawful purposes under applicable law and only for the reasonable and proper purposes of the user's application, partner applications and services Mahaputra.id used.

3.1.7         You have no criminal record in any Other Territory or jurisdiction.

3.1.8         You will promptly provide Mahaputra.id any additional documents or information requested by the Mahaputra.id relating to the technician partner's terms of use and including proof of identity. You agree that you may be subject to background checks, criminal records, and you will cooperate in connection with this as required by Mahaputra.id.

3.1.9         You must ensure that any documents and information provided by you (or on your behalf) to Mahaputra.id are always accurate, current, valid, complete and not misleading.

3.1.10       You will not disclose to anyone any confidential information, including personal information (including user personal information you obtain in the performance of the Technician Partner Services), information regarding its business, affairs, customers, clients or Affiliates.

3.1.11       You will only use internet access points and data accounts to which you have the right to use them.

3.1.12       You may not engage in fraudulent, misleading or fraudulent activities, and you must not damage or circumvent the good and reasonable operational networks on which the services Mahaputra.id operate.

3.1.13       You are a Partner Service provider and you are therefore personally responsible for any safety, security, efficiency and fairness in the performance of the Partner Services using reasonable principles of prudence. You will be responsible for providing all equipment, materials, tools, and other equipment necessary to maintain safety, security, efficiency and fairness in the implementation of Partner Services in accordance with applicable laws (including, wearing jackets and using Indonesian National Standard helmets). You are responsible for your own safety and security, Users in the provision of Partner Services and You are obliged to take the necessary precautions in the implementation of partner services.

3.2     Your Interactions with Users

3.2.1         The provision of partner services performed by you to Users forms a direct relationship between you and the User, where Mahaputra.id is not a party to the relationship. Mahaputra.id shall not be liable for any action, whether due to negligence or intentional user misconduct against you. To the extent governed by applicable law, you are responsible for any obligations and responsibilities to users, other third parties arising from the provision of partner services.

3.2.2         Although you are solely responsible for the provision of partner services, Mahaputra.id have the right to handle any complaint provided by the User through the process of handling The Most Care complaint, or any complaint you have against the User. You understand and agree to cooperate with us on the process of handling such complaints, and to file any complaints you may have through the Technician Partner Application. Mahaputra.id also reserves its right at its sole discretion, to forward each complaint to you directly and may choose to facilitate discussions with users for resolution of the matter. You understand and agree to comply with and comply with applicable laws and the provisions of these Technician Partner Terms of Use at the time of handling complaints from Users. The process of handling complaints Mahaputra.id will not override any rights or remedies that cannot be waived or limited under applicable law.

3.3     Your Interactions with Third Parties

You may have the opportunity to interact and have relationships with third parties through mahaputra.id services for any provision of Technician Partner services by you. Any such interactions and relationships will only be binding between you and the relevant third parties, and Mahaputra.id have no responsibility or liability with respect to such interactions and relationships. Mahaputra.id does not endorse any third party providers, applications or websites available through the Mahaputra.id Services, and in any case, Mahaputra.id its licensors or any of its Affiliates or Group Companies are not responsible for any content, products, services or other materials available from third party providers, applications or websites.

4.         Technician Partner Account

4.1     Partner Account Registration

4.1.1      In order to access Mahaputra.id services as a Technician Partner, you must register and maintain an Account as a user of the Technician Partner Application.

4.1.2      When registering, you will be asked to provide your full name, e-mail address, personal mobile phone number and other documents required by us.

4.1.3      After you register, we will check and verify all information and documents you provide to us. After verifying, you will undergo a series of tests and interviews. If you have passed a series of tests and interviews, our system will create an Account for you that can be used to use the Partner Application and use Mahaputra.id services to provide Technician Partner Services to Users through the Technician Partner Application.

4.1.4      Your mobile phone and e-mail numbers are attached to your Account so that you cannot create a new Account with a pre-registered mobile phone number.

4.2     Technician Partner Accounts

4.2.1    You may only have 1 (one) identifiable Account with 1 (one) mobile phone number and e-mail that you have registered. Your account can only be used by you and cannot be transferred to others for any reason. We reserve the right to refuse to facilitate the use of your Mahaputra.id services to provide partner services to Users if we know or have sufficient reason to suspect that you have transferred or allowed your Account to be used by others. In the event that you have transferred or left your Account in use by another person, whether intentionally or unintentionally, then all losses and risks resulting from the use of your Account by others shall be your responsibility. In such case, We will consider any performance of partner services performed through Your Account as a valid request from You.

4.2.2    The security and confidentiality of your Account, including your registered name, registered email address, registered mobile phone number, any information generated and transmitted by our systems is entirely your personal responsibility. All losses and risks arising from your negligence or willfulness to maintain the security and confidentiality mentioned are borne by yourself. In such case, we will consider any performance of the technician partner services performed through your Account as a legitimate action from you.

4.2.3      Please notify us immediately if you become aware of or suspect that your Account has been used without your knowledge or consent. We will take actions that we deem necessary against such use without such consent. We are not responsible if your Account has been used without your knowledge or consent.

4.2.4      If you are a User, you may not use your personal User account or someone else's User account to order Technician Partner Services that you will receive yourself as a Technician Partner.

4.3       Update

4.3.1      We may from time to time, develop Technician Partner Applications including modifications, improvements, reinforcements, updates, additions and all programs, data and information therein to provide you with the best experience in providing Technician Partner Services ("Update"). These updates can happen and be done automatically, or require action from you in advance. Please note that Mahaputra.id Services may not operate optimally or may not operate at all if updates are not installed or performed by you. We cannot guarantee that Updates will be available, or that they match or always match the specifications of your Mobile Device and/or with your operating system.

4.3.2      We may give you prior reasonable notice and with your prior written consent, to conduct a trial of the Update to selected technician partners, including You, to use the Updated version of the Partner Application before this Update may be used by all of our technicians. Accordingly, you understand and agree to release us from any claims and responsibilities of any party, for the performance of the Update trial, including if the trial may not operate optimally or may not operate at all.

5.         Use of Mahaputra.id Services

5.1       Technician Partner Applications and Mahaputra.id Services, including but not limited to, names, logos, program codes, designs, trademarks, technologies, processes and business models, are protected by copyright, trademark, patent and/or other intellectual property rights available under applicable law registered either on behalf of us, our Affiliates or our licensors. We (and/or our licensors) own all rights and interests in the Technician Partner Application and Mahaputra.id Services, including all intellectual property rights relating to all features and Services Mahaputra.id contained therein and related intellectual property rights.

5.2       We grant you a limited license that is not exclusive, revusable, non-transferable (without sublicense rights) to

  1. download, access and use the Partner Application, as is, only on your Mobile Device and only for purposes relating to the use of the Mahaputra.id Services to provide Technician Partner Services, and
  2. access or use the content, information and related materials available on the Technician Partner Application for personal use only and not commercial purposes. Other rights and privileges not expressly granted in these Terms of Use are the rights of us or our licensors.

5.3       Any duplication, distribution, creation of derivative works, sales or offers to sell, performance in part or in whole, and use of the Partner Application and/or Mahaputra.id Services, whether digitally or otherwise or on devices other than mobile devices, including but not limited to the use of additional applications such as modified applications, emulators and others, which deviate from these Technician Partner Terms of Use, or the purpose of using the Mahaputra.id Services or Partner Services determined by us, constitutes a violation of our intellectual property rights.

5.4       In using the Services, you may not:

5.4.1      Remove any copyright, trademark or other proprietary notices contained in the Technician Partner Application.

5.4.2      Copy, modify, adapt, translate, create derivative works from, distribute, license, sell, transfer, publicly display in part or in whole, reverse engineer, transmit, transfer, broadcast, decompile, or disassemble any part of or otherwise exploit the Technician Partner Application (including the software, features and Services Mahaputra.id there there).

5.4.3      License, sublicense, sell, resell, transfer, transfer, distribute or commercially exploit or make available to others the Partner Application and/or software in any way, including creating internet links to Technician Partner Applications or "frames" or "mirrors" of any software on other servers or wireless or internet-based devices.

5.4.4      Launching automated programs or scripts, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, trojan horses, bots, viruses or worms, or any program that may make multiple server requests per second, create heavy loads or impede the operation and/or performance of the Technician Partner Application.

5.4.5      Using site search or retrieval applications, manual or other automated devices for scraping, indexing, surveying, data mining, or in any way reproducing or circumventing the navigational structure or presentation of the Technician Partner Application or its contents.

5.4.6      Publish, distribute or reproduce in any way any copyrighted material, trademarks, or other information we have without our prior express consent or the rights owner who licenses the rights to us.

5.4.7      Using and/or unauthorizedly accessing the Technician Partner Application to:

  1. Damage, weaken or harm any aspect of the Technician Partner Application, Mahaputra.id Services or related systems and networks, and/or
  2. Create similar competing products or services using ideas, features, functions or graphics resembling a Technician Partner Application.

5.4.8      Transmit or store any material for purposes that violate applicable Law, including but not limited to fraudulent acts (e.g. impersonating another person or entity, or otherwise providing false information or information relating to you with another person or entity), harassing, obscene, threatening, defamatory.

5.4.9      Sending spam or other unsolicited messages, or causing disruption, ignorance, inconvenience, or creating false information or orders.

5.4.10    Damage the reputation of Mahaputra.id or any of its Group Companies in any way.

6.         Your Mobile Device

6.1       Your access to the Technician Partner Application is via mobile device. Your access to the technician partner application is your own responsibility to check and ensure that you are downloading the correct software (including an updated version of the technician partner application) for your mobile device. Mahaputra.id is not responsible if you do not have a compatible device or if you do not have the latest version of the software (including an updated version of the technician partner application) for your mobile device.

6.2       You are solely responsible for the procurement and use of mobile devices including but not limited to the purchase of the mobile device itself.

6.3       You are responsible for having access to the internet, data packages for the internet and any fees charged to you from telecommunication service providers to conduct communications, such as telephone, SMS and internet usage fees. You acknowledge that your use of the services may result in the use of large amounts of data and that you are responsible for such use including costs associated with such use.

6.4       If a mobile device is lost, stolen, damaged and/or no longer owned by you, and it may disclose or disclose your account information to others or cause harm to Mahaputra.id, you must promptly notify Mahaputra.id and follow the procedures notified by Mahaputra.id.

6.5       You may only access your account through a mobile device that uses the phone number and e-mail address you registered to use the account. You may not lend, rent or transfer mobile devices to others for the purpose of accessing your Account without the prior written consent of Mahaputra.id.

 

7.         Your relationship with Mahaputra.id

7.1       Your relationship with Mahaputra.id is a partnership independent contractor relationship. You expressly understand and agree that:

7.1.1      This Agreement is not an employment agreement, nor does it create an employment relationship (including from the perspective of employment law, tax law or social security), between Mahaputra.id and you, nor does it make you engage with Mahaputra.id as a worker or any other relationship similar to a worker relationship.

7.1.2      No joint venture, partnership or agent relationship occurs between Mahaputra.id and you.

7.2       You acknowledge that Mahaputra.id do not, and do not attempt to, exercise the right to have control of any form over you and your activities. You are in full discretion to accept or decline any requests for Technician Partner Services through the Technician Partner Application and to determine how long you wish to use the Services Mahaputra.id. If you decide to stop using the Mahaputra.id Services, you may choose to stop doing so at any time. You have full discretion to determine whether to use the services Mahaputra.id or not. You also have the freedom, at your own absolute discretion, to have a job or other business of your choice.

8.         Financial Provisions

8.1       The Technician Partner agrees that the Technician Partner owns and maintains a bank account using the local currency as applicable in the Territory of Indonesia. Mahaputra.id may provide advice or recommendations to Technician Partners to use bank accounts suggested or recommended by the Mahaputra.id or its Affiliates for the convenience and convenience of the implementation of Mahaputra.id Services and the provision of Technician Partner Services, to the extent permitted by applicable Law.

For the avoidance of doubt, you are solely responsible for the use of the foregoing, including for any loss and/or claim arising from the use of such account, whether by you or any other party, in a manner contrary to these Technician Partner Terms of Use or applicable Law, including but not limited to anti-money laundering, anti-terrorism financing, criminal activity, fraud of any kind, and/or any other activity that harms us, the public and/or any other party or that may or may be deemed to damage our reputation.

In connection with the use of an account owned by Mahaputra.id or its Affiliates, you understand and agree that Mahaputra.id or its Affiliates may, to the extent permitted by applicable Law and/or the provisions applicable to the Bank, at its discretion and with reasonable notice to you, take appropriate actions against such accounts, including but not limited to account blocking orders to the Bank. You agree to always make reasonable and necessary efforts in connection with the exercise of the rights of Gojek or its affiliates in connection with these terms.

8.2         Partner Applications

Payment for your use of the Mahaputra.id Services will be made in accordance with Article 8.8 of these Technician Partner Terms of Use. The Technician Partner App download is provided for you to use the Mahaputra.id Services.

8.3         User Rates

In the implementation of the Partner Services by you, the Partner reserves the right to charge a tariff to the User that may include:

8.3.1      Any tolls, road usage fees, parking fees, and fees incurred by you when you enter a building or region when providing services to users.

8.3.2       All applicable taxes are calculated in accordance with applicable law.

8.3.3      Other amounts paid by the User to you in accordance with the terms of use of the application Mahaputra.id, the Terms of use of technician partners and/or applicable law. Collectively it is referred to as the "User Rate". As part of the Mahaputra.id Services, We facilitate the imposition of User Rates by Technician Partners to Users by suggesting or offering "User Rates or Budget Plans", where such User Rates are calculated through the Technician Partner Application.

8.3.4      The Technician Partner grants the right or authority to the Mahaputra.id to update the basis on any factor or component of the User Rate offered and calculated through the Technician Partner Application, at any time with prior reasonable notice, in absolute discretion in accordance with applicable Law. Any such updates will be notified to you in advance. Any User Rates on or after the date on which the update takes effect will be subject to such updated calculations.

8.3.5      You understand and agree that Mahaputra.id may, to the extent permitted by applicable Law, with reasonable notice, adjust or cancel the User Rate charged in connection with the performance of the Technician Partner Services, reasonably, including if Mahaputra.id become aware that there is an error in the calculation of the User Rate, a breach of these Technician Partner Terms of Use, any fees charged when it should not be charged (or otherwise) , or any complaint from the User.

8.3.6      The Partner acknowledges and agrees that the User may choose to pay the User Rate by the payment method offered through the User Application available from time to time, including (if applicable) cash, credit card, debit card, loan facility or by using electronic money services, provided as follows:

  1. For payment by cash, the User will pay the User Rate directly to the Technician Partner.
  2. For non-cash payments, including, credit cards, debit cards, loan facilities or through electronic money services, the user rate amount will be credited to your Partner's Wallet through the Technician Partner Application.

8.4         Payment for Promotional Activities

Mahaputra.id may from time to time, in its sole discretion, offer payment for promotional activities to you when you have met the specified criteria and complied with the requirements specified and notified by the Mahaputra.id, in accordance with applicable Law. You have the absolute discretion to participate or not in the offer of such promotional activities. If you decide to participate, payment for such promotional activities depends on you fulfilling all specified criteria and complying with all requirements specified by the Mahaputra.id. If you do not do so, you may not receive payment for promotional activities. If you receive the payment, the payment amount will be given to the Partner Wallet.

8.5         Mahaputra.id Service Fee

8.5.1      Mahaputra.id will receive a fee from the Technician Partner with a certain percentage amount of the Technician Partner Service Rate which includes Value Added Tax, for each transaction, as payment for the use of Mahaputra.id Services by the Technician Partner.

8.5.2      Unless there is an error on the Mahaputra.id side to be proven, the Service Fee Mahaputra.id is non-refundable. The calculation of Mahaputra.id Service Fee will be calculated through the system in the Mahaputra.id Service from time to time and may be applied at any time by the Mahaputra.id subject to applicable Law. Mahaputra.id may update the basis on which Mahaputra.id Service Fee is calculated through the Mahaputra.id Services, at any time in its absolute discretion subject to applicable Law. Any such updates will be notified to you in advance within a reasonable period of time. Any Mahaputra.id Service Fees paid to Mahaputra.id on or after the date on which any new updates take effect will be subject to the most recent calculations. As part of the Mahaputra.id Services, the systems within the Mahaputra.id Services will generate a receipt for each Technician Partner Service on your behalf, documenting the User Rates to be paid by the User for each implementation of the Technician Partner Services.

8.8            Taxes

8.8.1      These Technician Partner Terms of Use shall be subject to all applicable taxes, duties, fees, fees and/or charges in accordance with applicable law, as may apply in the future and in connection with any future applicable taxes that may be imposed at any time in accordance with applicable law.

8.8.2      You understand and agree that you are responsible for your own income taxes arising from the performance of the Technician Partner Services. You warrant that you will perform the obligations required by the relevant tax or income authority in connection with the reporting of your income and payment of taxes.

8.8.3      You understand and agree that Mahaputra.id may in its sole discretion represent, disclose, collect, withhold and/or pay relevant taxes on your behalf, and disclose all necessary or relevant information to the relevant tax or income authority for such purposes. To the extent permitted under applicable law, Mahaputra.id reserves the right to withhold or reduce any amount from your Technician Partner Wallet for the purpose of declaring, collecting and/or paying relevant taxes on your behalf.

8.8.4      You understand and agree to do all as required and required by applicable Law to permit, assist and/or defend Mahaputra.id to claim or verify any applicable input tax credits, take into account a fee (set off), deduct or refund in respect of taxes paid or payable in connection with the Technician Partner Services.

9.         Content, Information and Promotions

9.1       We or our Affiliates who work together provide content, features or other utilization that you may find on the Technician Partner Application. In the event that such content, features or utilization is provided by us ("Content Provider"), our responsibility is limited to continuing and/or facilitating you to connect with all such content and the Content Provider is solely responsible for the content displayed. Your access to and use of such content constitutes your consent to be subject to the terms and conditions set forth by us, our Affiliates or Content Providers.

9.2       You understand and agree to use such promotions in accordance with the terms, conditions and intent of the promotion and will not misuse, duplicate, monetize, transfer, use for commercial purposes or improperly take advantage of such promotions in any form or manner.

9.3       You understand that promotions are not exchangeable for cash, have a limited validity period and are subject to the terms applicable to each such promotion.

9.4       You may not misuse the information, offers or promotions you receive during your use of the Technician Partner Application or Mahaputra.id Services.

10.       Your Responsibilities 

10.1     You are solely responsible for the decisions you make to use the Technician Partner Application in providing Technician Partner Services. You are solely responsible for any losses and/or claims arising from the use of the Technician Partner Application for the provision of Technician Partner Services, whether by you or any other party, in a manner contrary to these Technician Partner Terms of Use or applicable law, including but not limited to anti-money laundering, counter-terrorism financing, criminal activity, fraud of any kind (including but not limited to phishing and/or social engineering activities), infringement of intellectual property rights, and/or other activities that harm us, the public and/or any other party or that may or are deemed to damage our reputation.

10.2     You expressly defend, indemnify, hold us and our Affiliates harmless, including but not limited to, our officers, directors, commissioners, employees and agents, from any and all liabilities, consequences, losses whether material or immaterial, from any kind of claim, expense (including advocate fees), suits, legal liability or other legal action, whether in a civil suit or any criminal claim experienced by you, arising out of or may arise in any case or in connection with:

10.2.1    Your violation of these Technician Partner Terms of Use or applicable law.

10.2.2    Execution of Technician Partner Services by you.

10.2.3    Your use of the Mahaputra.id Services.

10.2.4    Any tax obligations, demands and/or fines imposed on You and/or to us or Our Group of Companies in connection with Your income arising out of the performance of the Technician Partner Services or arising out of Your fault or negligence to comply with Your tax obligations.

10.2.5    Any claim or claim of any kind stating and/or basing that you are an employee, worker, agent or representative of us or our Affiliates, any claim or claim from any other party, legal entity, regulator, government authority, which is based on employment relations, agency or representative, including but not limited to, with respect to wages, payment of BPJS Employment or Health dues, pension funds, and or other payment obligations stipulated in applicable law.

10.2.6    Your misinterpretation and/or disagreement with respect to Technician Partner Service Rates, User Rates, Mahaputra.id Service Fees and/or payment of promotional activities as stipulated in these Technician Partner Terms of Use or applicable law.

10.2.7    In connection with this matter and subject to these Technician Partner Terms of Use, we may make adjustments to the Technician Partner's Wallet.

11.       Limitation of Our Liability

11.1     We provide the Technician Partner Application as is and we, to the extent permitted by applicable law, do not represent or warrant that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Technician Partner Application may meet your requirements and will meet your expectations. We are not responsible for any loss or damage caused by any failure or error made by you in complying with the Technician Partner Terms of Use and applicable law. Our responsibility is solely to facilitate your complaints and concerns to users.

11.2     The Technician Partner Application may experience limitations, delays, and other problems contained in the use of the internet and electronic communications, including your device being damaged, not connected to the internet, out of range, shut down or malfunctioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

11.3     We have no obligation whatsoever, including to take any further action or legal action deemed necessary by You and the User, against any problems or disputes arising between You and the User. We will, in our right to, facilitate any problems or disputes arising between you and the User with the necessary reasonable efforts. When we facilitate the resolution of problems or disputes between you and users, we do not act as mediators and do not give rise to any further liability to us.

11.4     Exclusions and Liability Bases

Nothing in these Technician Partner Terms of Use limits or excludes your liability for death, personal injury, fraud and/or other unlawful acts caused by your fault or negligence in connection with the Technician Partner Services and/or your violation of the Technician Partner Terms of Use and/or applicable law, or any other liability to the extent that it cannot be limited or excluded under applicable law.

11.5     To the fullest extent permitted by applicable law, Mahaputra.id will not be liable for:

11.5.1    Indirect, incidental, special or consequential damages

11.5.2    Loss of use, loss of profit, loss of data, loss of business, or loss of opportunity

11.5.3    Personal injury or damage to property, arising out of, relating to or in connection with your errors or omissions in connection with the performance of the Technician Partner Services or violation of the Technician Partner Terms of Use and applicable law by you.

11.6     To the fullest extent permitted by applicable law, no event shall cause Mahaputra.id to have any legal liability or payment obligation arising in and in connection with the Technician Partner Services and/or Technician Partner Terms of Use, exceeding the Mahaputra.id Service Fee paid to the Mahaputra.id in connection with the Technician Partner Services originating in Your Account, within 6 (six) months after the event giving rise to such legal liability or payment obligation.

11.7     Any claim you have against us in connection with the Mahaputra.id Services or these Technician Partner Terms of Use must be notified to us within 6 (six) months after the event giving rise to the claim, where if you do not make a claim within that period (to the extent permitted by applicable law) you will lose the right to make a claim and indemnify you in connection with such claim.

12.       Report Submission and Problem Solving

12.1     If you experience a system outage, know or suspect that your Account was hacked, used or misused by others, or if your personal phone or tablet device is lost, stolen, hacked or virused, please report it to us immediately so that we can take immediate action necessary to avoid any use, misuse or loss arising out of or may arise further. We are not responsible for your Account, the security and confidentiality of your Account, including your registered name, registered email address, registered mobile phone number, any information generated and transmitted by our systems.

12.2     In order to submit complaints, questions, disclaimers and others ("Reports"), you need to provide sufficient information, including but not limited to, a summary of the facts occurring, evidence you have, order numbers, information about your Account and Personal Information, such as your email address and registered mobile phone number.

12.3     In response to any reports you submit, we will verify in advance by matching the information you provide and your personal information contained in our systems. If necessary, we may directly ask you to provide the information necessary for verification purposes.

12.4     We may refuse to follow up on Your Report if the information You provide does not match the Personal Information contained in Our system or if the Report is submitted in connection with, against, on behalf of or by another party different from the relevant Account owner who is officially registered on our system. We may discontinue follow-up to your Report if we, in our sole discretion, consider that your Report is not supported by sufficient and clear facts, or has been completed. We may also forward your Report to Users for immediate completion by you and the User.

12.5     In certain Reports relating to Technician Partner Services, we may, at our sole discretion, facilitate meetings between you and users for the purpose of peaceful and familial resolution of problems. In such case, if you feel the need to take any other action, including any legal action, you may do so on your sole personal responsibility.

12.6     Against certain Reports relating to financial features in the Technician Partner Application, we may refund you in the manner prescribed by Us, at our sole discretion. we will not refund any other party that is different from the credentials registered with the Account, including if you use the other party's credentials to make payments through the features contained in the Technician Partner Application.

13.       Temporary Suspension and Permanent Suspension of Account

13.1     You may remove the Technician Partner App from your phone and/or tablet at any time. We have no liability whatsoever to you for matters arising from the removal of the Technician Partner Application, suspension or permanent suspension of your Account (partner breakup). However, you remain responsible for resolving your obligations that have arisen, including but not limited to, any liability that may arise as a result of any existing disputes, demands or other legal actions, prior to the date of deletion of the Technician Partner Application, suspension or permanent suspension of your Account (disconnected technician partner).

13.2     Your Account may be suspended or permanently suspended, with reasonable notice, without prejudice to Our rights and/or other remedies taken by us, as such, including but not limited to, as follows:

13.2.1    Your report that your Account was used or allegedly used or misused by others

13.2.2    Your report that your personal phone or tablet is lost, stolen or hacked

13.2.3    We know or have sufficient reason to suspect that Your Account has been transferred or used by others.

13.2.4    We know or reasonably suspect that things have happened that in our view have been or may be detrimental to us, you, users or others.

13.2.5    Our System detects any unreasonable action from the use of Your Account or any liability under the Technician Partner Terms of Use, additional Technician Partner Terms of Use, Policies, Special Terms and/or applicable laws not met by Your Account.

13.2.6    You have died, been placed under guardianship or custody or suffered any other disability that renders you incapable of law under applicable law.

13.2.7    Your use of the Technician Partner Application or Mahaputra.id Services (using your Account) in a manner contrary to the Technician Partner Terms of Use, additional Technician Partner Terms of Use, Policies, Special Terms and/or applicable law.

13.2.8    Orders for account freeze, whether temporary or permanent, issued by relevant government or monetary institutions or based on court orders issued in accordance with applicable law

13.3     If your Account is suspended, either temporarily (suspended) or permanently (disconnected) and you have strong evidence that your Account should not be suspended, you may object or appeal by making a Report to us by submitting such evidence, in accordance with the provisions of the Policy. Upon further examination of your Report, we will, at our sole discretion, determine whether to terminate or continue the suspension of your Account. The freeze will not be continued if we determine that the things that resulted in the suspension have been resolved.

13.4     Further provisions regarding suspension and permanent suspension of the Account (partner breakup), including the appeal mechanism, are further explained in the Policy in accordance with applicable law.

14.       Actions We Deem Necessary

14.1     If we know or have sufficient reason to suspect that you have committed an act of immorality, violations, crimes or other actions contrary to these Technician Partner Terms of Use and/or applicable law, whether referred to in these Technician Partner Terms of Use or not, we reserve the right to and may freeze the Account, whether temporary or permanent, and terminate your access to the Technician Partner Application, including the Mahaputra.id Services and all features contained therein, conduct checks, sue for damages, report to the authorities and/or take any other action we deem necessary, including criminal or civil legal action.

14.2     We will follow up by conducting an investigation and/or facilitating the relevant User to report to the authorities if we receive a Report of a violation of your use of this Technician Partner or a violation of applicable law, in connection with:

14.2.1    Verbal abuse or violence, including but not limited to, over your physical, gender, ethnicity, religion and race, which you commit against the User.

14.2.2    Harassment or physical violence you commit against Users.

14.2.3    Sexual harassment or violence, both verbally and physically, that you commit against a User.

14.3       These Terms also apply otherwise if you experience the above-mentioned actions taken by the User against you.

15.       Your Statement

15.1       You represent and warrant that you are at least 20 (twenty) years of age or the age permitted to provide Technician Partner Services under applicable or married law and are not under guardianship or custody, and you are legally capable or proficiency and have the right to bind yourself to these Technician Partner Terms of Use. If you do not meet these conditions but continue to access or use the Technician Partner Application or Mahaputra.id Services, you represent and warrant that the opening of your Account and other activities you undertake in the Technician Partner Application have been approved by your parent, guardian or guardian. You expressly waive any statutory right to cancel or revoke any and all consents you give under these Technician Partner Terms of Use at a time when you are considered legally mature.

15.2       You understand and agree to use the Technician Partner Application and Mahaputra.id Services only for the purposes specified in these Technician Partner Terms of Use and not to misuse or use the Technician Partner Application or Mahaputra.id Services for fraudulent purposes, cause inconvenience to others, make false bookings or other actions that may or may be deemed to cause harm of any kind to others.

15.3       You understand and agree that all risks arising from your use of the Technician Partner Application and services Mahaputra.id are solely your responsibility and you hereby understand and agree to release us from any claims whatsoever in connection with any damage, interruption or other form of system disruption caused by unauthorized access by another party.

16.       Force Majeure

Technician Partner Applications may be interrupted by events beyond our authority or control ("Force Majeure"), including but not limited to natural disasters, electrical disturbances, telecommunications disruptions, government policies or regulations, etc. We are not responsible for any delays or failures that occur in the provision of Mahaputra.id Services in connection with Force Majeure and you understand and agree to release us from any claims and responsibilities, if we are unable to facilitate the Mahaputra.id Services, including fulfilling instructions you provide through the Technician Partner Application, in part or in whole, due to a Force Majeure.

17.       Term and Termination

17.1       These Technician Partner Terms of Use will continue until terminated in accordance with the provisions stipulated in these Technician Partner Terms of Use.

17.2       We may terminate these Partner Terms of Use:

17.2.1   At any time, with prior reasonable notice to the Technician Partner.

17.2.2   Immediately, with prior reasonable notice to the Technician Partner, if the Technician Partner violates these Technician Partner Terms of Use, including specific Policies and Conditions, without prejudice to the rights and restoration of other Mahaputra.id.

17.2.3  Immediately, with prior reasonable notice to the Partner, if you breach any other agreement with us, our Affiliates.

17.2.4  The Technician Partner experiences an event that renders the Technician Partner unable to re-activate for a long period of time.

17.2.5  Technician Partners commit suspected crimes or Technician Partners get a criminal conviction of confinement or imprisonment based on the decision of the competent court.

17.3       At the time of termination or expiration as set forth in these Partner Terms of Use, you must:

17.3.1  Immediately completely remove the Partner App from your mobile device.

17.3.2 Immediately stop using the Mahaputra.id Services (if you are a User, you are permitted to use the User Application as a User in accordance with the Application Terms of Use Mahaputra.id).

17.3.3 Immediately (and in any event within three days), settle any money payment obligations owed to Gojek or our Affiliates (which will be due immediately and pay at the end of the Technician Partner Terms of Use and other relevant agreements) (and, for this purpose, we reserve our right to deduct the relevant amount from your Technician Partner's Wallet as set forth in Article 8 of these Partner Terms of Use).

17.4     You have no obligation to use the Services Mahaputra.id and may cease to use the Technician Partner Application and Mahaputra.id Services, at your absolute discretion, by removing your Technician Partner Application from your device. These Technician Partner Terms of Use terminate immediately if you remove the Technician Partner Application from your device, unless your other obligations have not been settled as set forth in the Technician Partner Terms of Use.

17.5     After these Technician Partner Terms of Use expire, the Parties have no other rights or obligations under these Technician Partner Terms of Use, without compromising any obligations arising against each Party at the time these Technician Partner Terms of Use expire, while maintaining and enforcing other provisions of the Technician Partner Terms of Use that are intended to remain in effect.

17.6     In connection with these Technician Partner Terms of Use, the Parties agree to waive the provisions of Article 1266 of the Civil Code requiring the necessary determination or award of any judicial body to terminate these Technician Partner Terms of Use.

18.       Privacy

18.1       The collection, storage, processing, use and sharing of your Personal Information, such as your name, email address and mobile phone number provided when you open an Account are subject to the Privacy Policy, which is an integral part of these Terms of Use.

18.2       To the extent you have access to any Personal Information in connection with the Services Mahaputra.id or the performance of technician partner services, you understand and agree to process them in accordance with applicable law, the Technician Partner Terms of Use and Policies (including the Privacy Policy). Without limitation, in using the Services Mahaputra.id and the provision of Technician Partner Services, you may have access to certain Users' Personal Information. You acknowledge and agree that your use of such Personal Information by you should be carefully restricted for use as necessary for the provision of Technician Partner Services in accordance with these Technician Partner Terms of Use.

19.       Disputes

19.1       These Technician Partner Terms of Use (and any and all disputes arising out of or in connection with these Technician Partner Terms of Use (including alleged violations, or denial of the validity or enforceability of these Technician Partner Terms of Use or any provision of these Technician Partner Terms of Use) will be subject to the applicable law in Indonesia.

19.2       Any and all disputes arising out of or in connection with these Technician Partner Terms of Use will be resolved by deliberation. If the dispute cannot be resolved by deliberation within 30 (thirty) calendar days then we and you agree to resolve the dispute through the Denpasar District Court, not reducing the right of the Mahaputra.id to file reports, lawsuits or claims either civil or criminal through the District Court, police or other relevant agencies authorized within the territory of the Republic of Indonesia.

20.       General Provisions

20.1       You understand and agree that these Technician Partner Terms of Use constitute an electronic agreement and your actions at pressing the 'I agree' or 'I have read and Agree' button when logging into your Account constitute your active consent to bind yourself to the agreement with us so that the applicability of these Technician Partner Terms of Use is lawful and legally binding and continues to apply throughout your use of the Technician Partner Application and Mahaputra.id Services.

20.2       You will not make any claim or objection to the validity of the Technician Partner's Terms of Use made in electronic form.

20.3       You may not assign your rights or obligations under these Technician Partner Terms of Use without our prior express consent. However, we may transfer our rights under these Technician Partner Terms of Use at any time to another party without the need to obtain your consent with reasonable prior notice to you.

20.4       Each Party's rights under these Terms of Use may be exercised as necessary, cumulative and not exclusive to the rights and other acts of remedies as set forth in applicable law, where each Party may waive such rights in a written and specific manner to you. No delay or failure by any Party to exercise or enforce at any time any right or provision of this Agreement shall be deemed to be a waiver thereof, unless expressly stated in writing.

20.5       These Technician Partner Terms of Use remain in effect even after temporary suspension, permanent suspension, removal of the Technician Partner Application or after the expiration of these Technician Partner Terms of Use between you and us.

20.6       If any of the provisions of these Technician Partner Terms of Use are unenforceable, they will not affect the other.

20.7       You have read and understood the content of these Technician Partner Terms of Use and agree that these Technician Partner Terms of Use are a form of complete and valid statement among the Parties regarding the content of these Technician Partner Terms of Use supersede all prior proposals, understandings and agreements, both oral and written, and all forms of communication between the Parties in connection therewith.

20.8       We may change these Technician Partner Terms of Use in its sole discretion from time to time. We will use reasonable efforts and timeframes to notify you of any material changes to the Technician Partner Terms of Use. However, you understand and agree that it is your responsibility to periodically review the Technician Partner Terms of Use and your continued use of Mahaputra.id the Technician Partner Services in providing Technician Partner Services is your acceptance of any changes to the Technician Partner Terms of Use.

20.9       We may provide information or notices to you through general notices published to You through the Technician Partner Application or otherwise through the Mahaputra.id Services, your registered telephone number or to your email address listed in your Account.

21.       How to Contact Us

You can contact Us by email to info@mahaputra.id address or by phone to 081 – 138 – 200 – 123. All your correspondence will be recorded, recorded and stored for our archives.