THANK YOU FOR YOUR INTEREST!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, FOR US RESIDENTS TO ARBITRATE ON AN INDIVIDUAL BASIS (UNLESS YOU OPT OUT), AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Tiaphari (hereinafter, “”, “we”, or “us”), provides an online platform that connects vehicle Car rental providers (“Car rental provider”) with people seeking to rent those vehicles (“Renter”) is accessible online including at Tiaphari.com and as an application for mobile devices (’s websites, blog, and mobile applications are hereinafter collectively referred to as “the Services”). By accessing or using the Services, including by communicating with us or other users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to, and use of, the Services and constitute a binding legal agreement between you and Tiaphari.
Tiaphari reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services.
Eligibility. Our Services are intended solely for persons who are 17 or older. Any use of the Services by anyone under 17 is expressly prohibited.
Registration. In order to access certain features of the Services you must sign up for an account with us (hereinafter a “Tiaphari Account”) by either providing us your email address and creating a password or through a third-party social networking site account (“SNS”) (including, Facebook Twitter and Google).
Verification. When you sign up to either list or rent a vehicle, you will provide us with certain information about yourself to enable us to verify your identity in order to become an “Approved Renter.” You promise to provide complete and accurate information to Tiaphari about yourself and your vehicle(s), if any. Although Tiaphari may undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and vehicles, we do not endorse any vehicle, user, or his or her background. Tiaphari may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Tiaphari to request, receive, use, and store such information. Tiaphari may accept or reject your application to become an Approved Renter in its sole discretion.
Consumer Report Authorization. When you apply to become an Approved renter, you are providing Tiaphari with written instructions and authorization in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business credit report and/or conduct a background check, including a criminal background check. You are also authorizing Tiaphari to obtain your personal and/or business credit report or conduct a background check at any time Tiaphari reasonably believes there may be an increased level of risk associated with your Tiaphari Account.
Ongoing Information Updates. You promise to update the information you have provided to Tiaphari in the event of any changes to your driving record, contact information, or background. Specifically with respect to your contact information, Tiaphari may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tiaphari Account, whether or not you have authorized such activities or actions. You will immediately notify Tiaphari of any actual or suspected unauthorized use of your Tiaphari Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported unauthorized access to us.
Your Commitments. You agree that you will always use your account and the Services in compliance with the Terms of this Agreement, applicable law, and any other policies and standards provided to you by Tiaphari. As an Car rental provider or host (hereinafter “Car rental provider”), you commit that you will provide a safe and legally registered and insured vehicle, in good mechanical condition, on time to the renter, renter or guest who is an Approved renter (hereinafter “renter”). As a renter, you will treat the vehicle well and will take all reasonable measures to return the vehicle on time in essentially the same condition that you received it. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Submit any false information, including:
Fail to honor your commitments, including:
Harm or threaten to harm users of our community, including:
Use Tiaphari for your own unrelated purposes, including:
Interfere with the operation of the Services, including:
Violations. Tiaphari has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. Tiaphari may access, preserve, and disclose any of your information if we are permitted or required to do so by law. If we believe in good faith that it is reasonably necessary to respond to claims asserted against Tiaphari or to comply with legal process (for example, subpoenas or warrants); to enforce or administer this Agreement. To do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of Tiaphari, its employees, its users, or members of the public.
Tiaphari reserves the right, at any time and without prior notice, to remove or disable access to any content that Tiaphari, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Services or our community. If we believe you are abusing Tiaphari, our users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, remove hosted content, deny a claim for coverage, remove and demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. In order to contact you more efficiently, we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity. Investigate or prevent fraud. Collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests, but will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Tiaphari is required to obtain your consent for such communications, you may choose to revoke your consent.
You understand and agree that Tiaphari may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Tiaphari or its agents for quality control and training purposes. You acknowledge and understand that your communications with Tiaphari may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through email@example.com.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TIAPHARI HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, you and Tiaphari agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Service, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of Indonesia, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute that has arisen or may arise between you and Tiaphari, except as otherwise stated in the Terms of Service.
Agreement to Arbitrate. You and Tiaphari each agree that any and all disputes or claims that have arisen or may arise between you and Tiaphari relating in any way to or arising out of this or previous versions of the Terms of Service, your use of, or access to the Service, or any services sold, offered, or purchased through Tiaphari’s Services (such as listing or renting a vehicle) or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, rather than in court.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND TIAPHARI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS. UNLESS BOTH YOU AND TIAPHARI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, OR REPRESENTATIVE. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration Procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of heading “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by Badan Arbitrase Nasional Indonesia (“BANI”) under its rules and procedures, “BANI” rules are available at www.baniarbitration.org. A party who intends to seek arbitration must first sendto the other, by certified mail or email, a completed form Notice of Dispute (“Notice”). The Notice to Tiaphari should be sent via email to cs@Tiaphari.com or by mail to Tiaphari, Jalan Otista 3 No. 2, Bidara Cina, Jatinegara, Jakarta Timur. Please provide your name, telephone number, email, mailing address, and briefly describe the nature of your dispute and briefly describe the relief you would like from Tiaphari.
If you and Tiaphari are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Tiaphari may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the BANI’s site at www.baniarbitration.org (BANI provides a Demand for Arbitration form ) In addition to filing this form with BANI in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. Any settlement offer made by you or Tiaphari shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the country in which you reside or at another mutually agreed location. You or Tiaphari may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Tiaphari subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Tiaphari may attend by telephone, unless the arbitrator requires otherwise.
For matters where the relief sought is the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Tiaphari user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the BANI’s rules, unless otherwise stated in this Agreement to Arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Tiaphari is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Severability. With the exception of any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief,” if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section “Prohibition of Class and Representative Actions and Non-Individualized Relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, the Terms of Service, and its Legal Disputes Section will continue to apply.
Opt-Out Procedure. IF YOU ARE A NEW TIAPHARI USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO CS@TIAPHARI.COM EMAIL ADDRESS (“OPT-OUT NOTICE”) OR VIA MAIL TO TIAPHARI, Jalan Otista 3 No. 2, Bidara Cina, Jatinegara, Jakarta Timur.
THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Tiaphari Account(s) to which the opt-out applies and to cs@Tiaphari.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Tiaphari prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Tiaphari. If you do not agree to these amended terms, you may close your account within the 30 days of posting or notification and you will not be bound by the amended terms. Once you have submitted a valid Opt-Out Notice to Tiaphari, you do NOT need to submit another one when the Terms of Service are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of the Terms of Service.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Tiaphari must be resolved exclusively by a state, federal, or small claims court located in Jakarta, Indonesia. You and Tiaphari agree to submit to the personal jurisdiction of the courts located within Jakarta, Indonesia for the purpose of litigating all such claims or disputes.
You are responsible to make sure Your travelling date, time and destination are correct before booking/reserving the Facility or when you select to confirm your ticket purchase from the internet ticketing system. Please check our cancellation Policy available on the Website for details about cancellation and refunds.
You are responsible to be on board the Bus/Shuttle reasonably in advance before departure time. We are not liable if you fail to be on board the Bus/Shuttle by the time the coach departs.
The Bus/Shuttle operators reserve the right to refuse you and your luggage from carriage on the Bus/Shuttle for whatsoever reason that we deem justified in reasons, including but not limited to:
Children below age twelve (12) will not be accepted for carriage unless they are accompanied by an adult.
The Bus/Shuttle operators reserve the right to reschedule, cancel, and/or delay any trips and substitute other Bus/Shuttle for reasons deem necessary to do so.
You are responsible to ensure that valid and necessary travel documents, including the relevant passports, valid visas and/or identification, are carried with you for the journey. If you are denied entry/exit, held up at the immigration for the country you are travelling to, from or over, we will not be held responsible for the mentioned and reserve the right to continue the journey. We are not responsible for the consequential or incidental loss, cost, and fee incurred by you as a result of this (see Visitors’ Entry regarding further information on travel documents, regulations and requirements).
Tiaphari shuttle is not responsible for any delays at immigration checkpoints. It is the passenger’s responsibility to bring along valid travel document and to comply with customs requirements.
You shall indemnify Website, Tiaphari shuttle, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Website/Tiaphari shuttle or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) and any other indirect or consequential loss to You when You commenced using the Website.
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Indonesia.
Any dispute, controversy or difference arising among the Parties out of, or in relation to these Terms (including a dispute as to the validity or existence of these Terms) or for the breach thereof including any unlawful or wrongful act (“Dispute”) shall first be settled amicably by the Parties.
If within 30 (thirty) days the Parties fail to settle the dispute amicably, the Parties agree to resolve such dispute through arbitration based on BANI rules by a sole Arbitrator appointed by Tiaphari shuttle. The language shall be Indonesian and the venue shall be in Jakarta.
Website may suspend, cancel or terminate your account registered with us, with or without prior notice, if we believe in good faith that you have breached any of these Terms or any other terms or policies referred to in these Terms.
Tiaphari Photography. Tiaphari may offer Car rental providers the option of having photographers take photographs of their vehicles and/or Car rental providers with their vehicles (“Images”). You alone are responsible for using the Images in connection with your Tiaphari Listing and you warrant that you will cease using the Images if they no longer accurately represent your vehicle. You agree that Tiaphari is the sole and exclusive Car rental provider of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Listing and you shall take no action to challenge or object to the validity of such rights or Tiaphari’s ownership or registration thereof. You hereby acknowledge that Tiaphari may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. If you use the Tiaphari photography program, you agree that you will not use the Images in connection with renting your vehicle out on any platform, website, or application other than Tiaphari. At Tiaphari’s request, you will execute documents and take such further acts as Tiaphari may reasonably request to assist Tiaphari to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
You understand that if Tiaphari uses the term “Verified Images” is used by Tiaphari, the term is intended only to indicate a photographic representation of the vehicle at the time the photograph was taken. Verified Images are therefore not an endorsement by Tiaphari of any user or any vehicle. Likewise, Tiaphari may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. We do not make any representations about, confirm, or endorse the safety or roadworthiness of any vehicles beyond our policies that require vehicle Car rental providers to ensure their vehicles are in safe and operable condition, legally registered to be driven on public roads and otherwise satisfy our eligibility requirements.
Tiaphari Content and User Content License. Subject to your compliance with the provisions of these Terms, Tiaphari grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Tiaphari content solely for your personal and non-commercial purposes and access and view any user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tiaphari or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs, reviews, feedback, and descriptions of your vehicle or trip. By making available any content on or through the Services, or through Tiaphari promotional campaigns, you hereby grant to Tiaphari a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Services. Tiaphari does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Promotions. You must be a user in good standing (not suspended), comply with our Terms of Service and the promotion rules to qualify for any promotional compensation. Users who attempt to abuse our promotions are subject to cancellation/reversal of the promotion amounts and suspension from the Tiaphari community. Renters and hosts cannot cancel existing reservations to qualify for new promotions. Hosts cannot rent their vehicle to acquaintances, friends, or family to qualify for Car rental provider promotions.
Copyright Protection. If you think a user is violating your copyright(s) and want to notify us, you can find information about submitting notices here.
Vehicle and Personal Protection. In addition to the terms set forth in Sections “Your Financial Responsibility Is Primary” and “Other Insurance and Legal Matters” below, during the applicable rental period, Tiaphari, or third parties acting for the mutual benefit of our users, Tiaphari will not provide certain comprehensive and collision protection for the your vehicle, Tiaphari only provide insurance for any incident or damage that caused by our driver, including Medical Payments/First Party Benefits/Personal Injury Protection, etc. Tiaphari has either waived such coverage entirely or subscribed to the lowest limit allowable by applicable law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other specifics may be found in the Policies and for Tiaphari’s user here. If you have questions about your own personal insurance policies, you should contact your insurance professional. If after reviewing these Terms and FAQs, you or your insurance professional still have questions regarding the Tiaphari protections, please contact us at cs@Tiaphari.com and we will connect you with our broker in Indonesia or insurance provider in Indonesia and their broker(s) to explain how these protections operate.
Termination. You may discontinue your use of the Services at any time and Tiaphari may terminate your access to the Services for any reason or no reason. Termination of access to the Services will not release either party from any obligations incurred prior to the termination and Tiaphari may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement and/or any fees due, and all of those terms will survive any termination of this Agreement.
No Transfer or Assignment. Except as otherwise provided herein, renters and vehicle Car rental providers agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle shared through the Tiaphari Services.
Disclaimers. TIAPHARI PROVIDES SERVICES THAT ENABLE VEHICLE RENTALS BETWEEN VEHICLE CAR RENTAL PROVIDERS AND VEHICLE RENTERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TIAPHARI DOES NOT ITSELF PROVIDE VEHICLE RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE VEHICLE MANUFACTURER, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, TIAPHARI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Tiaphari makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Tiaphari makes no warranty regarding the quality of any listings, vehicles, Car rental providers, renters, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Tiaphari or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST TIAPHARI AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “TIAPHARI PARTIES”) AND ANY TIAPHARI USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, A VEHICLE NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A VEHICLE, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE TIAPHARI PARTIES, ANY ACTIONS OR INACTION OF THE VEHICLE CAR RENTAL PROVIDER. NEITHER TIAPHARI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY VEHICLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Tiaphari and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms. your user content. your interaction with any user, booking of a vehicle, or creation of a listing for a vehicle. or the use, condition, or rental of a vehicle by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a rental, booking, or use of a vehicle.
No Agency. Tiaphari does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Tiaphari and Tiaphari will not make commitments on your behalf, except as contemplated by Services or expressly stated in this Agreement.
General. This Agreement states the entire understanding between you and Tiaphari concerning your access to and use of the Tiaphari Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your vehicles on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of the Tiaphari. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. A Tiaphari Director or Officer must agree to any modification or waiver of any term of this Agreement in writing. Tiaphari’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Tiaphari may have.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Except as otherwise provided in this Agreement, if any provision of these Terms of Service are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
In Indonesia, Tiaphari is located at Jalan Otista 3 No. 2, Bidara Cina, Jatinegara, Jakarta Timur, by telephone at (021) 8191473.
Translations. Where Tiaphari has provided you with a translation of the Indonesian language version of these Terms, in case of any wording discrepancies between the Indonesian and any other versions of the Terms, the Indonesian wording takes precedence.
The following Sections apply if you rent a vehicle using the Services:
Fees. You are responsible for paying all fees when they come due. You authorize Tiaphari to charge any payment methods on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles, and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for all of the costs relating to any citations, fines (e.g. tolls, parking tickets) incurred during the rental period.
Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that you are primarily liable, though you may fund that primary liability via any personal insurance you have available to you (e.g., applicable personal auto insurance or insurance from credit cards, etc.) which can be the primary source of funds for your liabilities hereunder. Any protection package you select when booking your vehicle will not be available to you until your personal insurance has been exhausted. In addition, Tiaphari’s protection package you select when booking your vehicle may not be available to you in the event you breach your obligations under this Agreement (e.g. if you violate any of the Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your rental activities through the Tiaphari. You agree that in the event damage is reported, Tiaphari will not provide certain comprehensive and collision protection for the rented vehicle, Tiaphari only provide insurance for any incident or damage that caused by our driver, including Medical Payments/First Party Benefits/Personal Injury Protection, etc. Nothing in this Agreement is intended to limit your responsibilities or Tiaphari’s legal rights in connection with your use of the Services. You acknowledge that Tiaphari may require and hold a deposit as part of the reservation of a vehicle.
In addition to the terms in “Vehicle and Personal Protection” Section above:
You understand and agree that Tiaphari, or third party insurance companies, acting for the benefit of the Car rental provider will provide primary liability insurance for the Car rental provider and that you, as the renter, will not look to the Car rental provider or the Car rental provider’s insurance policy for coverage, in accordance with our Policies and all applicable vehicle sharing statutes. You are fully responsible for paying any damage to the vehicle, subject to the protection package you selected, as well as deductibles, contribution, fees, expenses, liens, or fines arising out of your use of a vehicle rented through Tiaphari. If Tiaphari advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Tiaphari’s schedule for repayment of those amounts to Tiaphari.
Use of the Vehicle. When you rent a vehicle through Tiaphari, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving for Uber or Grab). You may not access a vehicle until the beginning of your rental period and you must return the vehicle on time and in the correct location. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Tiaphari has any concern about your use of a vehicle, Tiaphari may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the Car rental provider. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The Tiaphari Policies on our Services provide a list of “Prohibited Uses” of any vehicle rented through the Services. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact cs@Tiaphari.com. You will be fully financially responsible for any claims, loss, or damage related to your misuse of a vehicle, and your protection package may be voided. Renters also acknowledge that using a vehicle in a prohibited manner or otherwise breaching this Agreement may lower the renter’s liability coverage to legal minimum limits, or nullify coverage and may furthermore nullify any comprehensive or collision protection where allowed by applicable law.
Condition of the Vehicle. You understand that third parties own the vehicles offered through the Services. Each Car rental provider is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation and send via email to cs@Tiaphari.com to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Tiaphari may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle. In that event, please contact the Tiaphari team immediately at (021) 29629767.
Incident Reporting. You must immediately report any damage to the vehicle you are using to Tiaphari at cs@Tiaphari.com, or (021) 29629767 and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Tiaphari or third party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Tiaphari, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of Tiaphari staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate protection purchased on Tiaphari.
State Laws Regarding Rental Car Theft. It is a felony in most states to fail to return a rental car within a certain period of time after the rental period has expired. A non-exhaustive list of relevant statutes is hereby incorporated by reference. The following conduct may result in the reporting of the vehicle you have rented as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your insurance coverage and/or protection package:
Repossession. Tiaphari, the vehicle Car rental provider and/or hired agent of Tiaphari or the vehicle Car rental provider may repossess any vehicle rented through the Services without demand, at the renter’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.
Missing Vehicles. If a vehicle you have rented through the Tiaphari Services goes missing and/or is stolen during the rental period (or extension period), you, as the renter, must immediately return the original ignition key to the Car rental provider; file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing; and cooperate fully with the vehicle Car rental provider, law enforcement, Tiaphari, and other authorities in all matters related to the investigation.
The following Sections also apply if you rent out your vehicle through the Tiaphari Services:
Information Given at Registration. When you sign up for Tiaphari, you will identify passenger vehicle(s) that you want to list for rent through the Services. Each vehicle must meet the requirements. You may only use the Services in connection with vehicles that you own or otherwise have all the necessary rights and permissions to rent out.
Vehicle Availability. Once a trip is booked, you must make the vehicle available or deliver the vehicle as expected by the renters. If you offer the renter the option to pick up your vehicle at a persistent specified location, you must supply the location of the vehicle accurately to Tiaphari and ensure that the vehicle is available at that location at the beginning of the rental period. In order to qualify for insurance and related protections, before you provide a prospective renter with your vehicle, you must verify that he or she has a current, valid driver’s license which matches the name on the reservation. If you want to cancel the renters booking, you have to tell Tiaphari maximum 1×24 hours. Once Car rental provider do the cancelation without giving any information to Tiaphari, Tiaphari will suspend or and banned your account.
Trip Fees. You will have the ability to set and revise the vehicle’s pricing as you choose. Tiaphari will pay you the amount collected from those who rent your vehicle, less the applicable fees payable to Tiaphari. To the extent you owe Tiaphari money for any reason, Tiaphari also reserves the right to deduct those amounts from your payment.
Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.
Maintenance. You are required to regularly check your vehicle for any defects in its operations or safety. You promise that, at all times, your vehicle will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable inspection and registration requirements. You agree to respond to any safety notices and to complete any recommended action before allowing your vehicle to be rented. In addition, if Tiaphari believes that your vehicle does not conform to reasonable standards, Tiaphari will notify you and reserves the right to remove or decline listing your vehicle until its concerns have been resolved. Tiaphari may, but does not commit to, undertake efforts to ensure the safety of vehicles rented through the Services. Learn more about our vehicle eligibility requirements here.
Incident Reporting. If you believe that a renter has caused any damage to your vehicle, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the end of reservation) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Tiaphari or third party claims administrators will reasonably determine whether the damage occurred during the rental period and is eligible for coverage. If it was, you will be reimbursed for the loss as described in Sections below. If Tiaphari is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Tiaphari or third party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.
Physical Damage. If you choose to drive or appointing driver by yourself all the physical damage that may be occurred during rental will be your responsibility. If you choose “Driver provided by Tiaphari” then all the physical damage occurred during rental is going to be Tiaphari’s responsibility.
Other Insurance and Legal Matters. In addition to the terms provided in the “Vehicle and Personal Protection” Section, you agree that in the event damage is reported, Tiaphari will not provide certain comprehensive and collision protection for your vehicle, Tiaphari only provide insurance for any incident or damage that caused by our driver, including Medical Payments/First Party Benefits/Personal Injury Protection, etc. Where permitted by law, you hereby appoint Tiaphari as your attorney-in-fact for the purpose of filing insurance claims, receiving insurance payment, otherwise administering an applicable insurance policy, and/or working with law enforcement, renters, or private entities to recover unreturned or impounded vehicles. You also promise to maintain registration information and proof of insurance in your vehicle during every rental period. Tiaphari may obtain insurance through a third party provider, or may choose to self-insure (meaning Tiaphari takes on all or part or all of the insurance obligations itself, subject to all applicable laws and regulations). You agree to provide Tiaphari with information regarding your policy’s coverage as may be requested. You must inform Tiaphari promptly in the event information previously provided changes.
Missing Vehicles. If your vehicle goes missing, is not returned and/or is stolen during the rental period (or extension period), you, as the Car rental provider, must immediately contact a Tiaphari representative and follow his or her instructions, including cooperating with Tiaphari, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Tiaphari to file a police report, you must do so within 24 of receiving those instructions.
Vehicle Availability and Condition. Your vehicle must be registered, insured, in a condition suitable for rental, and empty of personal effects. Your vehicle must be roadworthy, safe, and clean and should have at least a half tank of gas when you drop it off. If your vehicle does not match the description you provided upon making a reservation.
Appointment of Tiaphari. You direct and appoint Tiaphari to manage your vehicle if you choose “Driver provided by Tiaphari”, and specifically acknowledge that Tiaphari will have the right to, and will be responsible for, approving renters and making your vehicle available to renters during this period. If your vehicle is damaged or impounded, you appoint Tiaphari to act as your attorney-in-fact, to make decisions and take actions regarding the repair, reclaiming, and disposition of your vehicle. Tiaphari will use reasonable efforts to consult with you in advance of any damage-related decisions or actions.
Physical Damage. The “Physical Damage” Section in the “Terms for Car rental providers” above shall apply as written.