Terms Of Service
Terms & Conditions
Terms of Service
Section A – General Terms
1. Introduction
1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you acknowledge that you have read, understood, and agreed to the terms of these Terms of Service that apply to you. These Terms of Service and Baik Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Baik (as defined below). The Agreement governs your use of the Service provided by Baik. If you do not agree to the Terms of Service, do not use or continue using the Platform (as defined below) or the Service.
1.2 Baik may amend the terms of the Agreement at any time. Such changes shall take effect upon being posted on the https://baik.asia/ or in the App. It is your responsibility to review the Terms of Service and Baik Policies regularly. Continued use of the Service after such changes, regardless of whether you have reviewed them, constitutes your consent to be bound by the changes.
1.3 If you use the Service in a country other than the country where you registered for the App (“Alternative Country”), you must regularly review the Terms of Service applicable in the Alternative Country, which can be found at https://baik.asia/, as it may differ from the country where you registered for the App. By using the Service in the Alternative Country, you agree to comply with the applicable Terms of Service in the Alternative Country.
1.4 Baik is a technology company providing a platform for consumers to view, receive, or purchase services. Services may be offered and provided solely by Baik partners. Baik’s role is limited to connecting the consumer with such partners or allowing consumers to view information about partner services. Baik is not responsible for the actions and/or omissions of any partners. Partners are solely responsible for the services they offer. Partners are not, and shall not be, deemed to be agents, employees, or staff of Baik, and the services provided by partners shall not be deemed to be provided by Baik.
2. Definitions
In these Terms of Service, the following words have the meanings assigned to them below:
2.1 “App” means the respective mobile application made available for download by Baik (or its licensors) for Consumers and Partners, as appropriate.
2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and receive Solutions.
2.3 “Consumer Fees” or “User Fees” means fees incurred by Consumers for using motorcycle rental services via the App. These fees may include, but are not limited to:
- Service Fee: A fee for using the platform to book and rent a motorcycle.
- Repair Fee: In case of damage to the motorcycle during the rental period, the user may be charged for the repair costs.
These fees do not include additional costs such as toll fees, fuel, or other external charges that may be incurred by the customer during the use of the motorcycle. The user is responsible for any such additional costs incurred during the use of the vehicle.
2.4 “Baik”/”we” means Baik Super Corp.
2.5 “Baik Policies” include:
2.5.1 Privacy Policy
2.5.2 Baik Partner Code of Conduct or Baik Consumer Code of Conduct, as the case may be; and
2.5.3 Any other forms, policies, notices, guidelines, FAQs, service descriptions in the app or on the website, and information sheets or agreements provided or entered into by you from time to time.
2.6 “Partner” means independent third parties (not Baik) that provide relevant Solutions to Consumers via the Service, including (a) partners providing transportation means, and (b) partners delivering transportation means to the Customer.
2.7 “Personal Data” means any information that can be used to identify you or from which you can be identified. This includes, but is not limited to, your name, nationality, phone number, bank and credit card details, personal interests, email address, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance details.
2.8 “Platform” means the App, Software, and any other platform, portal, or website owned, operated, or otherwise made available by Baik to Consumers and/or Partners for or in connection with the Service and/or Solutions.
2.9 “Platform Content” means any content made available on the Platform or any part of it.
2.10 “Privacy Policy” means our Privacy Policy available at: https://baik.asia/privacy-policy/ and in the App, as amended from time to time.
2.11 “Remedy” has the meaning given in clause 29.2 of Section A.
2.12 “Service” means connecting Consumers with Partners or other Consumers via the App, Platform, and/or Software.
2.13 “Software” means any software associated with the App, Service, and/or Solutions provided by Baik.
2.14 “Solutions” means transportation, logistics, rental, and/or other services made available to Consumers through the following offerings:
2.14.1 Baik Super Corp.
2.14.2 Any other offerings Baik may make available from time to time.
2.15 “You” means the Partner and/or Consumer, as the case may be.
2.16 “Agreement” – The Agreement governs your use of the Service provided by Baik. If you do not agree to the Terms of Service, do not use or continue using the Platform or the Service.
2.17 “Transport Means” – According to the Law of the Republic of Indonesia No. 22 of 2009 concerning Road Traffic and Transportation, a transport means is a motor vehicle driven by a mechanical device other than rail vehicles. It is part of a broader system of road traffic and transportation, including infrastructure, vehicles, drivers, and road users, as well as their management.
3. Representations, Warranties, and Undertakings
3.1 By using the Service and/or Platform, you represent, warrant, and undertake that:
3.1.1 You have the legal capacity to enter into the Agreement and are at least eighteen (18) years old. You cannot enter into the Agreement if you are under eighteen (18) years old.
3.1.2 You will provide true, accurate, non-misleading, current, and complete information as required for the Service and will be responsible for maintaining and updating your information timely to ensure that it remains true, accurate, non-misleading, current, and complete throughout the term of the Agreement. You agree that Baik may consider your information to be true, accurate, non-misleading, current, and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current, or incomplete in any respect, Baik has the right, but not the obligation, to terminate this Agreement and your use of the Service at any time with or without notice.
3.1.3 You will provide us with proof of identity or other documents verifying your identity, permits, licenses, or approvals that we may reasonably request or require.
3.1.4 You will only use an access point or account which you are authorized to use by Baik.
3.1.5 You acknowledge and agree that only one (1) account can be registered on one device unless otherwise permitted by Baik.
3.1.6 You will keep your account password or any identification provided by us, which allows access to the Service, secure and confidential.
3.1.7 You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity.
3.1.8 You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.1.9 When using the Service/Platform, you agree to comply with all applicable laws applicable to you and/or your use of the Service/Platform.
3.1.10 You will use the Platform and Service solely for their intended purposes and lawful purposes.
3.1.11 You will not attempt to interfere with, impair, or harm the Service and/or Platform in any way and will refrain from:
(a) Sending spam or otherwise duplicating or unsolicited messages;
(b) Sending, posting, or storing infringing, obscene, threatening, defamatory, or otherwise unlawful or prohibited material, including, but not limited to, materials harmful to children, infringing third-party rights, or otherwise violating applicable laws;
(c) Sending materials containing viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
(d) Interfering with or disrupting the integrity or performance of the Platform or data contained therein;
(e) Attempting to gain unauthorized access to the Platform or related systems or networks;
(f) Impersonating any person or entity or otherwise misrepresenting your affiliation with any person or entity;
(g) Engaging in any conduct that could harm our reputation or be considered offensive;
(h) Circumventing the proper functioning of the Platform and the network in which the Service operates; and
(i) Using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms or any program that may send multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform or to bypass the navigation structure or presentation of the Platform or its content.
3.1.12 You will not attempt to commercialize any part of the Platform without our consent. For the avoidance of doubt, you may not modify or create derivative works based on the Platform, its content, or any part thereof, or copy, reproduce, publicly display, distribute, or otherwise exploit or transmit them for any public or commercial purpose unless Baik consents to this in writing. This includes, but is not limited to:
(a) Creating or compiling, directly or indirectly, any collection, compilation, or other directory from any content displayed on the Platform, except for personal, non-commercial use;
(b) Copying any content displayed through the Platform or “mirroring” the Platform or any part thereof on any other server or wireless or Internet-based device, including reproducing third-party content and product reviews, for the purpose of reposting in any format and on any medium; or the structure of the navigation or presentation of the Platform or its content elsewhere;
(c) Conducting any data mining activities unless an exception applies under applicable law; and
(d) Disassembling, decompiling, reverse-engineering, deciphering, or otherwise attempting to obtain and encode or extract any software from the Platform or any software or services provided on or through the Platform.
3.1.13 You will not use modified devices or applications to evade detection or facilitate any activities intended to defraud Baik or disrupt the natural functions of the Platform.
3.1.14 You will not use the Platform to send or store any unlawful material or for fraudulent purposes.
3.1.15 You will not use the Platform to cause nuisance or behave inappropriately or disrespectfully towards Baik or any third party.
3.1.16 You agree that the Service is provided with due effort.
3.1.17 You agree that your use of the Service will be subject to the Baik Policies, which may be amended from time to time.
3.1.18 You agree to assist Baik in any internal or external investigations that may be required by Baik to ensure compliance with applicable laws and regulations.
3.1.19 You agree to regularly provide us with the phone numbers of Baik users and other contacts in your mobile phone address book. You acknowledge that you are authorized to provide us with such numbers to improve the Service/Platform for your use or for other purposes, which we may inform you of before or at the time of provision.
3.1.20 You acknowledge that if you request a Solution via SMS or use the Service or access the Platform, standard telecommunications charges may apply.
3.1.21 You agree that Baik may, at its sole discretion, consider an account inactive if no transaction has been conducted on your user account for a period of six (6) months from the last transaction date and deactivate or restrict access to your user account.
3.1.22 You agree to take full responsibility for any losses or damages incurred by you, Baik, or any other party as a result of your breach of this Agreement.
3.2 If you are a Partner, you further represent, warrant, and undertake that:
3.2.1 You possess all relevant licenses, approvals, permits, consents, authorizations, and mandatory insurance policies related to the provision of the Solution in the jurisdiction where you use the Service.
3.2.2 If applicable, you own or have the right and authorization to operate and possess all relevant licenses and permits regarding any vehicles, equipment, premises, or other matters or things that are related or used in the provision of Solutions.
3.2.3 If applicable, you have a valid liability insurance policy (with coverage amounts consistent with industry standards) in connection with the provision of the Solution. You will ensure that your insurance covers all foreseeable and unforeseen losses related to vehicle damage, any claims, bodily injuries, and consumer deaths, as well as third-party insurance while acting as a Partner. You will ensure that your insurance is up-to-date.
3.2.4 You will be solely responsible for any claims, judgments, and liabilities resulting from any accident, loss, or damage, including, but not limited to, bodily injuries, death, total loss, and property damage, that are caused or alleged to be caused by the Solution provided by you.
3.2.5 You will comply with all local legal requirements related to the provision of Solutions and will be solely responsible for any violations of such local requirements.
3.2.6 You will not contact Consumers for purposes other than those related to the Service.
3.2.7 You will not reverse-engineer, trace, or attempt to trace any information on any other user or visitor to the Platform or any Consumers, including, but not limited to, user accounts that are not your own, to their source or use the Platform or any services or information made available or offered through the Platform in any way for the purpose of disclosing any information, including, but not limited to, personal data, other than your own data, as provided by the Platform.
3.2.8 You acknowledge that responding to Consumers may incur standard telecommunications charges, which are solely borne by you.
3.2.9 If you are required to create an account on behalf of your employer and actually do so, your employer will own the account, and you represent and warrant that you have the authority to bind your employer to the Agreement.
3.2.10 You agree that you are prohibited from distributing coupons and suggesting any other form of discount to Consumers. It is strictly forbidden to use the Service and the Platform for other purposes, such as, but not limited to, data mining of Baik information or information related to the Platform or the Service, unless an exception applies under applicable law. Violation of these Terms of Service constitutes a serious offense and may be treated as industrial espionage or sabotage, and Baik reserves the right to take any appropriate or legal action against you and/or any person, natural or artificial, directing or instructing you, in case of your use of the Service/Platform for unauthorized purposes.
3.2.11 Without prejudice to any other provisions, the information you have submitted to us for registration as a Partner on the Platform, which may include your personal data in accordance with the Privacy Policy, may be linked to an account on the Platform or otherwise temporarily displayed during the provision of Services on the Platform. You hereby consent to such use of the information for the purpose of the Solutions and to facilitate the use of the Platform. The use of the Platform or any part of it may be monitored by us or an external service provider to provide you with information about your business and account, as well as better services. Furthermore, you agree that any personal data you receive through the Platform or otherwise in connection with the Solutions will be used solely for the direct and specific purpose for which you originally received the personal data, and such personal data will be deleted or anonymized when the storage of personal data for that purpose is no longer required. For the avoidance of doubt, in the case of providing Consumer personal data through the Platform to obtain prior confirmation of an order change, the provided Consumer personal data will be used solely for this purpose and promptly deleted once you no longer need the data for that purpose.
3.2.12 You agree to regularly update all data/information required by the Baik platform/app necessary for the provision of the service during the provision of services on the platform. You are aware that the lack of updated data may result in the deactivation/blocking of part or all of the solutions provided by you until the data is updated. You will receive notifications regarding the need for updates generated automatically by the Baik platform/app.
3.2.13 As a Partner providing the solution, you will actively respond to customer inquiries appearing in the Baik App.
3.3 If you are a Consumer, you represent, warrant, and undertake that:
3.3.1 Using the Service and the Platform is, unless otherwise permitted by Baik, for your personal use or, if permitted, for the use of another person who is at least eighteen (18) years old.
3.3.2 If you use the Service and the Platform to access a personal mobile device (PMD) provided to you, you guarantee that you are of legal age according to applicable law to operate the PMD.
3.3.3 You will not contact the Partner for purposes other than the provision of the Service.
3.3.4 You will not intentionally or unintentionally cause or attempt to cause harm to the Partner or any Partner’s property.
3.3.5 You are aware that you can use the solution provided by the Partner and extend the use of the solution only through the Baik app.
4. Compatibility
Different models or versions of routers, browsers, and devices may have firmware or settings that are not compatible with the Platform or part of it. While we continuously develop the Platform to support all commonly used devices and models in the markets and all browsers likely to access the Platform, we do not guarantee the compatibility of the Platform with specific mobile devices or other hardware.
5. Grant of License and Restrictions
5.1 Baik and its licensors, as applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Platform to use the Service, subject to the terms of this Agreement. All rights not expressly granted to you are reserved by Baik and its licensors.
5.2 You will not:
5.2.1 Publish, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
5.2.2 Remove any copyright, trademark, or other proprietary notices contained on the Platform.
6. Payments
6.1 Payment Terms for Partners
6.1.1 Baik charges a fee for using the Service (“Service Fee”), which you will be notified of through the Platform. Service Fees are payable by you immediately and are non-refundable. This no-refund policy applies at all times, regardless of your decision to terminate access to the Platform, our decision to terminate or suspend your access to the Platform, disruptions to the Service, whether planned, incidental, or intentional, or for any other reason.
6.1.2 You acknowledge and confirm that Baik may administer and act as your collection agent to pay you the total amount of Consumer Fees due to you in connection with the provision of the Solution.
6.1.3 Baik reserves the right to suspend the processing
of any transaction if it reasonably believes that the transaction may be fraudulent, illegal, or involves criminal activity, or if you and/or the Consumer have violated any of the terms of this Agreement. In such a case, you will not hold Baik liable for any suspension, delay, withholding, forfeiture, or cancellation of any payments to you.
6.1.4 Baik may, at its sole discretion, offer promotional offers with different features and different rates to any of the Consumers, with these promotional offers being appropriately honored by you. Baik may change the Service Fee at any time, at its sole discretion.
6.1.5 Partner Wallet Balance: Baik will administer payments to and from you through a wallet system (“Partner Wallet Balance”). Your earnings will be displayed in the Wallet Balance in the App and can be withdrawn by you to a designated bank account. Baik reserves the right to make deductions from the Wallet Balance as provided for in these Terms of Service, which will be communicated to you through the App.
6.1.6 Partner Credit Balance: For cash payments, you must maintain a Partner Credit Balance in the Baik Wallet. The Partner Credit Balance includes your prepayment to Baik of the Baik service fees and other applicable charges and commissions in accordance with these Terms of Service. To use the Service, you must at all times maintain a minimum credit balance (“Minimum Balance”) in the Partner Credit Balance. The amount of such Minimum Balance will be determined by Baik and communicated to you through the App. Baik may change it at any time, at its sole discretion.
6.1.7 You can add funds (“Credits”) to the Partner Credit Balance to meet the minimum balance requirement. The maximum balance you can hold in the Partner Wallet Balance at any time is S$999.00. The balance can be added in any manner specified by Baik from time to time (e.g., cash top-up and credit/debit card payment or transfer from the partner’s cash balance).
6.1.8 Funds in the Partner Credit Balance are not exchangeable for cash and are non-refundable. They cannot be resold, exchanged, or transferred for value under any circumstances. Funds shall not be considered, interpreted, or used as financial or exchangeable instruments. You will not earn interest or other earnings on your Credits. Baik may receive interest on amounts held on your behalf. You consent to transferring your rights to Baik regarding interest earned on your Credits.
6.2 Payment Terms for Consumers:
6.2.1 Consumers are required to pay the full Consumer Fee for all services offered in the App using the method selected at the time of booking, which may be cash or one of the automatic payment methods available in the App. Any payments resulting from such selection are non-refundable and irrevocable.
6.2.2 Automatic payment can be made by credit and/or debit card or, if possible, other methods available in the App.
7. Cancellation
7.1 Cancellation Terms for Partners:
7.1.1 Consumers rely on you to deliver or provide the Solutions. You agree that high and/or frequent cancellation rates or ignoring Consumer bookings deteriorate Consumer experiences and negatively impact Baik’s reputation and brand.
7.1.2 While you may cancel a booking, cancellation will be based on acceptable reasons for cancellation. Frequent cancellations or ignoring bookings may be taken into account in determining whether access to the Service will be temporarily restricted.
7.2 Cancellation Terms for Consumers (Transport Solutions):
7.2.1 Unless otherwise specified in Baik’s Policy, Consumers do not have the option to cancel/withdraw from the selected solution.
7.2.2 At the time of booking the Solution, the Consumer enters into a non-cancellable agreement with Baik. If the Solution provided by the Partner is canceled/withdrawn, you may be charged a Cancellation Fee or other Cancellation Fee, as Baik may periodically inform through the Cancellation Policy on the Baik website.
7.2.3 If you believe the cancellation fee was charged incorrectly, you can contact Baik through the Help Center in the App for assistance. Baik reserves full discretion regarding any refunds to you, and such refunds may be transferred to the payment card you used when booking or otherwise, as Baik deems reasonable.
8. Consumer Loyalty Program and Promotions
8.1 From time to time, Baik may run marketing and promotional campaigns offering coupon codes, discounts, or other promotional offers for use in the app or on the Platforms (“Coupons”). Coupons are subject to validity periods, redemption periods, limits, and/or other availabilities. Coupons may not be valid in combination with other promotions, discounts, or other coupons. Additional terms may apply to Coupons. Unless otherwise specified, Coupons can only be used on our Platforms. Coupons are non-transferable, non-exchangeable, non-refundable, and cannot be redeemed for cash. Baik may withdraw, amend, and/or change the applicable promotional terms at any time without prior notice. Baik may also invalidate, discontinue, or disqualify you from any promotion without prior notice if you breach any part of these Terms of Service.
9. Ratings and Complaints
9.1 Consumers and Partners may have the opportunity to rate each other for the Solutions provided.
9.2 Each rating will be automatically logged into Baik’s system, and Baik may review all received ratings. Baik may take any appropriate action, including suspending the use of the Service without notice or compensation to you.
9.3 Any complaints between Partners and Consumers must be resolved directly between themselves.
9.4 If you have any questions or comments about the Platform, please contact our Help Center.
10. Estimated Times for Partners and Consumers
10.1 All delivery, arrival, and pickup times shown on the Platform (depending on the Solution or Service) are estimates only. Actual delivery, arrival, or pickup times may vary.
11. Repair and Cleaning Fees for Consumers
11.1 Where applicable, you will be responsible for repair costs for any damage or necessary cleaning of Partner’s property resulting from improper use of the Service or violation of these Terms of Service.
12. Intellectual Property
12.1 Baik and its licensors, where applicable, will own all rights, titles, and interests, including all related intellectual property rights, in the Platform and, consequently, the Service, as well as any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party in connection with the same. The Terms of Service do not constitute a sale agreement and do not transfer to you any ownership rights to the Service and/or Platform or related intellectual property owned by Baik and/or its licensors. The name Baik, the Baik logo, the Service, the Platform, and any third-party logos and product names associated with the Software and/or Platform are trademarks of Baik or third parties, and no rights or licenses are granted to use them. For the avoidance of doubt, the term “Platform” includes all relevant components, processes, and design.
12.2 You may have the opportunity to submit your content or share it publicly through certain features of the Platform or otherwise in connection with them. Unless specified otherwise in the Agreement, Baik does not claim ownership of the content you provide. By submitting or providing any content subject to intellectual property rights to us, (a) you irrevocably grant Baik a free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works from, publish, publicly perform or display, distribute, sublicense, or otherwise make available to others your content (including but not limited to your name and/or likeness) in all media, formats, and channels (currently existing or later developed) for any purpose; and (b) you represent and warrant that you have the right to grant us such a license and that you will remain responsible for the content you provide. For the avoidance of doubt, you also grant Baik the right (although you acknowledge and agree that Baik is not obliged to do so) to use your name and/or likeness in connection with the submitted content and other information, as well as in connection with any advertising, marketing, and promotional materials associated with it. If you choose to provide feedback, such as suggestions for improving our services, we may respond to your feedback without any obligations to you. If you wish to request the removal of any content, you can contact Baik’s Help Center to submit such a request.
13. Taxes
13.1 You agree that this Agreement is subject to all applicable statutory taxes, duties, fees, and/or charges, regardless of their name and as they may apply from time to time. You will comply with all applicable laws and take all steps required to enable Baik to, assist and/or defend it in claiming or verifying any applicable tax exemptions, deductions, rebates, or refunds concerning any taxes paid or payable in connection with the Service.
13.2 If you are a Partner, you are responsible for paying all taxes and statutory contributions due on the amounts payable to you under or in connection with this Agreement.
14. Confidentiality
14.1 You will keep confidential any information and data relating to Baik, its services, products, business affairs, marketing and promotional plans, or other operations and its affiliated companies that are disclosed to you by Baik or on its behalf (whether orally or in writing) and whether before, on, or after the date of this Agreement) or which is otherwise directly or indirectly acquired by you from Baik or any of its affiliated companies, or created during the term of this Agreement. You will ensure that you will use such confidential information solely for the purposes of using the Service and will not disclose such information to any third party without Baik’s prior written consent nor use it for any other purpose.
14.2 The above confidentiality obligations will not apply to the extent that you can demonstrate that the relevant information:
14.2.1 Was already in your possession at the time of receipt;
14.2.2 Is or becomes publicly known without any fault or negligence on your part;
14.2.3 Is received from a third party having the right to disclose it; or
14.2.4 Is required to be disclosed by law.
15. Privacy Policy and Personal Data Protection
15.1 Baik collects and processes your personal data per the Privacy Policy. The Privacy Policy applies to all Baik Services, and its terms form part of this Agreement by reference.
15.2 Where applicable, you consent to Baik, its subsidiaries, and all its affiliated companies collecting, using, processing, and disclosing your personal data as described further in our Privacy Policy.
15.3 You acknowledge that Baik may disclose personal data of others to you during your use of Baik Services. You represent and warrant that you will use such personal data solely for the purpose for which it was disclosed to you by Baik, and not for any other unauthorized purposes.
16. Indemnity
16.1 By agreeing to the Terms of Service while using the Service or accessing the Platform, you agree to indemnify and hold Baik, its licensors, and affiliates, and their respective directors, officers, members, employees, attorneys, and agents of each such party harmless against any and all claims, costs, damages, losses, liabilities, and expenses (including legal fees and costs of handling and/or regulatory actions) arising out of or in connection with:
(a) Your use of the Service, Platform, and/or any part thereof in interactions with Partners or Consumers (as applicable), external vendors, suppliers, partners, advertisers, and/or sponsors; or
(b) Your breach or violation of any of the Terms of Service, any third-party terms and conditions, or any applicable laws or regulations, whether or not referenced herein; or
(c) Your violation of any rights of any third party, including Partners or Consumers, agreed upon through the Service; or
(d) Your use or misuse of the Service, Platform, and/or any part thereof; or
(e) Where applicable, ownership, use, or operation of any property, including providing Solutions to Consumers through the Service.
17. Disclaimer of Warranties
17.1 Baik makes no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the Service, Software, App, or Platform. Baik does not represent or warrant that (a) your use of the Service, Software, App, or Platform will be secure, uninterrupted, error-free, or free of other harmful components or will operate in conjunction with any other hardware, software, system, or data; (b) it will meet your requirements or expectations; (c) any stored data will be accurate or reliable; or (d) the quality of any products, services, information, or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and Platform, as well as related content, are provided to you strictly on an “as-is” basis. All conditions, representations, and warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the fullest extent permitted by law.
17.2 Baik makes no representations or warranties of any kind, express or implied, regarding the Solutions provided by Partners or any Solutions acquired due to using the Service. You agree that you will bear all risks arising from the use of the Service and any Solutions provided by Partners and will not hold Baik liable in this regard.
17.3 Where applicable, Baik’s role as a collection agent is purely mechanical and administrative, and Baik does not owe you a duty of care or any fiduciary duties.
18. Internet Delays
The Service, Platform, App, and/or Software may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications, including device malfunctions or failures, and any issues with the device used by you or the Partner being defective, unconnected, out of range, turned off, or otherwise not functional. Baik is not responsible for delays, delivery failures, damage, or loss resulting from such problems.
19. Limitation of Liability
19.1 Unless otherwise stated, to the fullest extent permitted by law, any claim against Baik by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in connection with the use of the Service at the time the event leading to such claim occurred. Baik and/or its licensors shall not be liable for any loss, damage, or injury which may be incurred by or caused to you or any person for whom you have reserved the Service or Solution, including but not limited to:
19.1.1 Loss, damage, or injury arising out of or in connection with the Service, Platform, App, and/or Software or in any way related to them;
19.1.2 The use or inability to use the Service, Platform, App, and/or Software;
19.1.3 Any reliance on the completeness, accuracy, or existence of any advertising;
19.1.4 Any relationship or transaction between you and any Consumer, Partner, merchant, advertiser, or sponsor whose advertisement appears on the Platform or is offered through the Service and/or Platform, even if Baik and/or its licensors have been previously advised of the possibility of such damages.
19.2 Baik does not warrant or represent that it assesses or monitors the suitability, legality, ability, movement, or location of any Consumers or Partners, including merchants, advertisers, and/or sponsors, and you expressly waive and release Baik from any and all liability, claims, or damages arising from or in any way related to Consumers or Partners, including merchants, advertisers, and/or sponsors.
19.3 Baik will not be a party to disputes or negotiations of disputes between you and Consumers or Partners, including merchants, advertisers, and/or sponsors. If you are not a corporate Consumer with an active corporate account with Baik, Baik cannot and will not play any role in managing payments between you and Partners, including merchants, advertisers, and/or sponsors. Responsibility for decisions you make regarding services and products offered through the Service and/or Platform (with all its implications) rests solely with you. You expressly waive and release Baik from any and all liability, claims, causes of action, or damages arising from your use of the Service and/or Platform or any third parties introduced to you by the Service and/or Platform.
19.4 The quality of the Solutions obtained through the use of the Service is entirely the responsibility of the Partner who ultimately provides such Solutions to the Consumer. You understand that by using the Service, you may be exposed to Solutions that are potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable, and that you use the Service at your own risk.
20. Notice
20.1 Baik may provide notice through the Platform, by email to your email address on record with Baik, or by written communication sent by registered mail or prepaid post to your address on record with Baik. Such notice shall be deemed to have been given after 48 hours of mailing or posting (if sent by registered mail or prepaid post) or 1 hour after sending (if sent by email). You may give notice to Baik (such notice shall be deemed given when received by Baik) by letter sent by courier or registered mail to Baik, using the contact details provided on the Platform.
21. Assignment
21.1 Except as otherwise stated herein, these Terms of Service, as periodically amended, may not be assigned by you without Baik’s prior written consent but may be assigned without your consent by Baik. Any purported assignment by you in violation of this clause shall be null and void.
22. Dispute Resolution
22.1 These Terms of Service shall be governed by the laws of Indonesia, without regard to choice or conflict of laws rules of any jurisdiction.
23. Relationship
23.1 Nothing in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Baik.
24. Severability
24.1 If any provision of the Terms of Service is found to be invalid or unenforceable, it will not affect the legality, validity, and enforceability of the remaining provisions.
25. No Waiver
25.1 Baik’s failure to enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision.
26. Entire Agreement
26.1 This Agreement constitutes the entire agreement between you and Baik concerning the matters set forth herein and supersedes any prior or contemporaneous negotiations or discussions unless otherwise jointly agreed. For the avoidance of doubt, if you have entered into a separate written agreement with Baik that refers to these Terms of Service, these Terms of Service shall apply additionally to the mentioned written agreement. In case of inconsistency between these Terms of Service and a separate written agreement, you agree to cooperate with Baik in good faith to resolve any conflicts or inconsistencies. Some services available on the Platform may be subject to additional terms, which will be communicated to you.
27. Suspension and Termination; Modification of Platform Content
27.1 You agree that we may do any of the following at any time and without notice:
27.1.1 Modify, suspend, or terminate the operation or access to the Platform or any part of the Platform (including access to your account and/or the availability of any products or services) for any reason;
27.1.2 Modify or change the applicable rules or conditions; and
27.1.3 Discontinue the operation of the Platform or any part of the Platform (including access to your account and/or the availability of any products or services), if necessary, to perform routine or non-routine maintenance, correction of errors, or other changes.
We will not be liable for any compensation for any modifications, suspension, or termination.
27.2 Without prejudice to any other provisions, we may modify, amend, or remove Platform Content without notice (including but not limited to information on product or service availability, product or service descriptions, prices, promotions, offers, and transportation). If any Platform Content contains any typographical errors, inaccuracies, omissions, or otherwise violates Baik Policies, we reserve the right (but are not obligated, except as required by applicable law) to take any such actions as Baik deems appropriate (collectively, “Corrective Measures”), including but not limited to:
27.2.1 Correcting mentioned errors, inaccuracies, or omissions;
27.2.2 Modifying or updating information; and/or
27.2.3 As applicable, canceling affected orders at any time without prior notice (including but not limited to after placing an order).
28. No Third-Party Rights
28.1 Except for the parties indemnified under the indemnification provisions set out in this Agreement, this Agreement does not grant any rights to any third parties who are not parties to this Agreement.
Section B – Additional Terms
1. Baik/Baik Partner
1.1 For Baik Consumers
1.1.1 The Platform enables Consumers to place orders for various Solutions, including, but not limited to, the ability to purchase a vehicle rental service offered on the Platform by Partners. The Platform’s function is solely to facilitate contact between the Consumer and Partners. By purchasing a Solution, the Consumer agrees to enter into an agreement directly with the Partner. The Solutions provided by Partners will not be considered provided by Baik.
1.1.2 All orders for Solutions placed through the Platform (“Booking”) are considered confirmed. Once the Booking is confirmed, you do not have the right to cancel it (including after address changes made via the in-app chat or conversation function with the Partner). In the case of cancellation of the Booking after its confirmation, you will still be obligated to pay the full amount of the Booking fees, regardless of whether the service was delivered by the respective Partner. To avoid any confusion, if you choose the option to pick up the vehicle from the Partner, bypassing the Platform, such action will be treated as a cancellation of the Booking by not picking it up at the specified time visible on the Platform or as communicated by Baik. Neither Baik nor the Partners are responsible for holding the vehicle for pick-up after this period.
1.1.3 After you place a Booking, the respective Partner or Partners may call the provided phone number or mobile phone number or contact you in another way to confirm the order details, any changes (e.g., due to unavailability), determine the price to be paid or its change, and/or provide an estimated delivery time. It is important to note that Baik is not involved in and is not responsible for any additional arrangements between you and the Partner or Partners if such arrangements are not confirmed and recorded on the Platform.
1.1.4 In case of your cancellation of the order after its acceptance by the Partner or your absence or failure to appear at the specified delivery or personal pick-up location, as well as if you are physically unreachable or unable to be contacted:
1.1.4.1 After 5 minutes of the Partner’s arrival at the specified delivery location; or
1.1.4.2 Within the time specified by Baik in the case of personal pick-up, you bear the obligation to pay the full order value.
1.1.5 Baik and/or Partners may refuse to fulfill the Booking in the event of the occurrence of any of the following scenarios:
1.1.5.1 At the time of attempting contact to deliver the vehicle, you could not be contacted by phone, or for other reasons, you were unavailable;
1.1.5.2 The requested delivery location is outside the delivery area offered in the App;
1.1.5.3 At the time of delivery, there was a lack of information, directions, or authorization from you.
1.1.6 The Partner bears sole responsibility for any warranties and the quality of the provided vehicles. You are obligated to check the quality and completeness of the delivered vehicle before receiving it from the Partner and before signing the agreement with the Partner.
1.1.7 You are responsible for ensuring that the data you entered regarding the Booking on the Platform is accurate and complete. Baik is not responsible in case of delivery delays or non-delivery of the vehicle you ordered due to incorrect delivery data entered by you on the Platform.
1.1.8 Consumers booking a vehicle with any Partner should have applicable, legally required permissions, licenses, insurance, and other requirements necessary for using the vehicle suitable for your Booking instance. When using the Solutions offered on the Platform, Baik does not check, verify, and is not responsible for your failure to comply with the above-mentioned conditions. The Partner will have the right to:
1.1.8.1 Request the presentation of documents confirming the possession of the required permissions, licenses, insurance, and other requirements in your instance; and
1.1.8.2 Refuse to deliver the vehicle to any person who, at the time of delivery or personal pick-up of the vehicle (and/or) is unable to present the required documents, is or appears to be under the influence of alcohol or drugs. In such a case, you agree that Baik and the Partner(s) will not be obligated to refund you any payment already made by you.
1.1.9 Baik and its directors, officers, employees, agents, or affiliates are not responsible for any claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs incurred by you or any other person, including third parties, resulting from the use of the vehicle provided by the Partner, including, but not limited to, any claims, losses, liabilities, expenses, damages, costs, or other similar charges or costs resulting from bodily injury or death.
1.1.10 If you wish to use or apply any promotional codes or discounts, you must enter available promotional codes or discounts at the stage of making the Booking. All promotional codes and discounts are subject to their detailed terms, are mutually exclusive, and cannot be combined with other promotions unless otherwise specified. The price payable for a discounted Booking may be rounded and will be provided on the Booking checkout page. You agree that we are not obligated to accept the subsequent submission of promotional codes and discounts after completing the transaction process. We are not responsible for any direct or indirect losses, damages, costs, and expenses incurred or incurred as a result of the theft or illegal or fraudulent use of any promotional codes and discounts. We may take any actions against you if it turns out that you are using promotional codes and discounts illegally or fraudulently, including, but not limited to, suspending or closing your user account. As a result of arrangements or agreements between you and the Partner(s) under point 1.1.3 above, you may no longer qualify for promotional codes or discounts for the placed order. In such circumstances, we reserve the right to remove the application of the promotion or discount from the placed orders or otherwise take necessary actions to correct the promotion or discount that was incorrectly applied.
1.1.11 The Baik User app offers a wide range of features and capabilities designed to facilitate and enhance the motorcycle rental process. The app enables:
- Searching and Renting Motorcycles: Find available motorcycles in your area, browse different models and brands, and then make a reservation according to your needs.
- Managing Reservations: Check the status of your current and future reservations, modify rental details, or cancel reservations if necessary.
- Secure Transactions: Make payments for vehicle rentals directly through the app using a secure payment system.
- Communication with Service Providers: Contact vehicle providers directly through the in-app communication system.
- Ratings and Reviews: After the rental is completed, you can rate the vehicle and service provider, helping maintain a high quality of offered services.
1.2 For Baik Partners
1.2.1 The Baik Partner app allows you to list your vehicles on the Platform for offering them for rent to Baik consumers. The Platform creates an opportunity for Consumers to purchase a rental service for your vehicle, among other things. By submitting your vehicles to the App, you agree to include the vehicles in the offers for Consumers. Through the app, you will receive offers (Bookings) placed by Consumers matching your vehicles. Accepting a Booking obligates you to enter into an agreement directly with the Consumer under the terms of the accepted Booking. You are responsible for preparing and concluding the agreement as a Baik Partner. You are aware that Baik is not, under any circumstances, a party to your agreement with the Consumer and is not responsible for the obligations, terms, and consequences contained in the agreement. The Platform’s function is solely to facilitate the transaction between you and the Consumer, for which Baik will charge fees.
1.2.2 Where applicable, you represent and warrant that you are the owner or authorized representative of the vehicle owner and that you are authorized to accept and accept these Terms of Service for yourself or as a representative acting on behalf of and on behalf of the vehicle owner.
1.2.3 All vehicles submitted by you through the App are considered ready to be offered to Consumers. After receiving and accepting the Booking, you do not have the right to cancel it (including after address changes made via the in-app chat or conversation function with the Consumer). In case of cancellation of the Booking after its confirmation, you will still be obligated to pay the full amount of the Booking fees, regardless of whether the service was received by the respective Consumer. To avoid any confusion, if you choose the option for the Consumer to pick up the vehicle personally, bypassing the Platform, such action will be treated as a cancellation of the Booking by not delivering it at the specified time visible on the Platform or as communicated by Baik.
1.2.4 After confirming the Booking placed by you, the respective Consumer may call the provided phone number or mobile phone number or contact you in another way to confirm the order details, any changes (e.g., due to unavailability), determine the price to be paid or its change, and/or provide an estimated delivery time. It is important to note that Baik is not involved in and is not responsible for any additional arrangements between you and the Consumer if such arrangements are not confirmed and recorded on the Platform.
1.2.5 You agree that in the event of accepting a Booking made by the Consumer in the App, you are obligated to fulfill the agreement under the terms contained in the Booking, including delivering the vehicle to the address specified in the Booking and at the delivery time specified in the Booking.
1.2.6 You agree that if the address provided by the Consumer is incorrect, or the Consumer is unable, refuses, is not the intended recipient of the vehicle, and/or cannot be contacted after at least three attempts to contact them at the number specified in the Booking and after waiting for at least five minutes, you are obligated to send the Consumer a photo or message confirming the delivery of the vehicle to the specified address via the Platform. You agree that if the agreement is not concluded with the Consumer, you are not entitled to any compensation, fee, or remuneration for delivering the undelivered vehicle.
1.2.7 You represent and warrant that the description and detailed data of the vehicle provided by you are accurate, complete, and consistent with the actual condition of the vehicle and that the vehicle meets all conditions allowing it to be used in your instance.
1.2.8 Where applicable, you represent and warrant that you comply with all applicable regulations and requirements regarding the technical condition of the vehicle and legal requirements, including, among others, permits, insurance, and technical inspections required in your instance.
1.2.9 You agree that upon the completion of the rental agreement between you and the Consumer, the App will treat your vehicle as ready to be offered to Consumers, and this does not require your additional consent.
1.2.10 You represent and warrant that you will update photos of your vehicles per the schedule required by Baik. You agree that if you do not update, your vehicle/vehicles will be withdrawn from the offer during the time of lack of updates in the App.
1.2.11 Baik and its directors, officers, employees, agents, or affiliates are not responsible for any claims, losses, liabilities, expenses, damages, costs, or any similar charges or costs incurred by you or any other person, including third parties, resulting from the use of your vehicle by the Consumer, including, but not limited to, any claims, losses, liabilities, expenses, damages, costs, or other similar charges or costs resulting from bodily injury or death.
1.2.12 The Baik Partner app is specially designed for partners engaged in motorcycle rental. The app enables:
- Managing a Fleet of Motorcycles: Add your motorcycles to the system, update their availability, technical condition, and other key information.
- Receiving and Managing Motorcycle Bookings: Review rental requests from customers, manage bookings, and accept or reject rental requests for motorcycles.
- Secure Financial Transactions: Monitor your earnings from motorcycle rentals and conduct financial transactions through the integrated payment system in the app.
- Communication with Customers: Simplified communication with customers allows for discussing rental details and quickly responding to their needs.
- Feedback and Ratings from Customers: Receive feedback from customers, helping you maintain high service standards and make adjustments to the motorcycle rental offer.
