Indemnities
- You shall defend, indemnify and hold harmless Gojek, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
- Your breach of any term of this Agreement, the Policies, or any Applicable Law;
- Your provision of the Transportation Services;
- Your use of the Services;
- taxes and tax liabilities, duties, levies, claims and penalties that are imposed on You and/or on any Gojek Group Company in connection with Your own income arising from Your performance of the Transportation Services or otherwise arising from Your failure to comply with Your tax obligations; and
- any claim asserting that You are an employee, worker, agent or representative of Gojek or any Gojek Group Company, or if You may be deemed to be an employee, worker, agent or representative of Gojek or any Gojek Group Company, any claims by any other person, entity, regulator or government authority based on such implied employment, worker, agency or representative relationship, including in respect of superannuation contributions, wages, duties, withholdings, social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent or analogous payments or liabilities in any jurisdiction,
and, for this purpose, Gojek shall be entitled to deduct any amounts from Your Driver Wallet.
Basis on which the Services are provided
- The Services are provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, Gojek disclaims all representations and warranties, express, implied or statutory, save as expressly set out in this Agreement, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill and non-infringement.
- Without limitation to clause 10.2, Gojek makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable. Gojek does not guarantee the quality, suitability, safety or ability of third party providers. Gojek does not guarantee that Your use of the Services will generate any minimum number of requests for Transportation Services or any minimum User Fees for You. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the User being faulty, not connected, out of range, switched off or not functioning. Gojek is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Exclusions and limitations of liability
- Nothing in this Agreement limits or excludes a party’s liability for death or personal injury caused by negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.
- To the maximum extent permitted by Applicable Law, Gojek shall not be liable for:
- indirect, incidental, special, exemplary, punitive or consequential damages;
- loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
- personal injury or property damage,
arising from, related to or otherwise in connection with the Services or this Agreement, whether in contract, tort, breach of statutory duty or otherwise.
- To the maximum extent permitted by Applicable Law, in no event shall Gojek’s maximum aggregate liability arising under and in connection with the Services and/or this Agreement, whether in contract, tort, breach of statutory duty or otherwise, exceed the Service Fees paid to Gojek in connection with Your Account in the six (6) month period immediately preceding the event giving rise to the claim.
- Any claims You have against Gojek under or in connection with the Services or this Agreement must be notified to Gojek within one year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.