MYBLUEBIRD APPLICATION TERMS AND CONDITIONS

Welcome to MyBluebird App!

PLEASE READ THE MYBLUEBIRD APPLICATION TERMS AND CONDITIONS BEFORE ACCESSING OR USING MYBLUEBIRD APP. BY ACCESSING AND USING THE MYBLUEBIRD APPLICATION, THESE TERMS AND CONDITIONS OF MYBLUEBIRD APPLICATION APPLY AUTOMATICALLY FOR YOU, THEREFORE YOU MUST MAKE SURE THAT YOU READ IT CAREFULLY.

A. GENERAL PROVISIONS

1. Introduction

These Terms and Conditions of MyBluebird Application Use (“Terms and Conditions“) are a valid and legally binding agreement between the user (“You“) and PT Blue Bird Tbk and its affiliates (“Us“). These Terms and Conditions govern your access to and use of the application, website (www.bluebirdgroup.com and other websites we manage), content and products we provided (the “Application”), as well as ordering, payment or use of services we provided, available on Our Application (the “Services”).

We may change the provisions of these Terms and Conditions at any time without obtaining prior approval from or giving prior notice to you. Such changes are an integral part of these Terms and Conditions and will take effect once they are displayed on the Application. It is your responsibility to review these Terms and Conditions regularly.

By continuing to access or use the Application and/or Service, you agree to subject to and comply with all provisions of these Terms and Conditions and applicable laws and regulations, including all additions, amendments and terms of use from each Service provider, Promotion Provider (as defined below) or Payment Method Provider (as defined below). Immediately stop accessing or using the Application and/or Service if you do not agree to any part of these Terms and Conditions.

2. Use of Applications and Services

Access and use of the Application and/or Services are subject to these Terms and Conditions.

When ordering the Service, the Application will connect you with available Service providers around your location.

Accordingly, some of the Services cannot be used if you do not enable the location determination feature.

By using the Service, you agree to be subject to our Service’s operational policies including but not limited to operational area limits, tariffs, additional fees, cancellations, capacity, goods and other things that are an integral part of these Terms and Conditions, so that we can take actions that we deem necessary if you do not comply with the operational policies of our services without the need to obtain prior approval from or provide prior notice to you.

You have full freedom to choose to use the Application or not, use the Services available on the Application or not, or stop using the Application or Service.

3. Your Account

Before using the Application, you must agree to these Terms and Conditions and the privacy policy as stated in the Application (“Privacy Policy”), and register yourself by providing the information we require. When registering, we will ask you to provide full name, your valid personal email address and mobile phone number. After verification, our system will create a personal MyBluebird account (“Account“) for you which can be used to use the Application and order Services through the Application. You can change your personal data information in the settings feature in the Application.

Your account can only be used by you and cannot be transferred to another person for any reason. We reserve the right to refuse to facilitate an order if we know or have sufficient reason to suspect that you have transferred or allowed your account to be used by another person.

Security and confidentiality of Your Account, including but not limited to registered name, registered electronic mail address, registered mobile phone number, payment details and Payment Method (as defined below) that you choose, as well as verification code generated and sent by our system or Payment Methods provider (as defined below) are entirely your own responsibility. All losses and risks arising from your failure to maintain security and confidentiality as stated are borne by yourself. In such case, We will consider any use or order made through your Account as a valid request from you.

Notify us immediately if you know or suspect that your account has been used without your knowledge and consent. We will take actions that We deem necessary and We can take against such use without consent.

4. Personal Information

The collection, storage, processing, use and sharing of your personal information, such as your name, electronic mail address, and mobile phone number that you provide when you open an Account is subject to the Privacy Policy which is an integral part of these Terms and Conditions.

5. Promotion

We or other parties who work with us may provide offers or promotions in any form (“Promotions”) related to the use of the Application and/or Services. In the event that the Promotion is provided by another party who cooperates with Us (“Promotion Provider“), We are not responsible for any part of the content of the Promotion. Your access or use of the Promotion is a form of your agreement to comply with the terms and conditions set by Us or the Promotion Provider, including these Terms and Conditions, Our Privacy Policy or the Promotion Provider.

You may not abuse any Promotions you receive when you use the Application or Services.

You agree to use the Promotion in accordance with the terms, conditions and purposes of the Promotion determined by Us or the Promotion Provider. You will not violate the terms and conditions of the Promotion, abuse, duplicate, monetize, transfer, use for commercial purposes or take unfair advantage of the Promotion in any form or manner.

6. Fees and Payments

Software download and use of the Application is free of charge.

Services available on the Application are subject to a fee which you can find on the Application before you order the Service. We may change or update fees from time to time based on our operational policies and/or applicable laws and regulations. We may also charge prices and/or fees with a certain amount that can be collected by us.

You can make payments to the Services, or Promotions that you access or use with cash or through payment methods provided by independent third parties (“Payment Method Providers”), on the Application, including electronic money, debit or credit cards, bank accounts, or other payment methods (“Payment Methods”) which may change from time to time at our sole discretion.

In order to be able to make a payment via a Payment Method, you must be officially registered with the Payment Method Provider of your choice and use your own payment credentials. In the event that you use the registered credentials of another party, you are fully responsible for all necessary permissions and all losses or disputes whether due to your negligence or fault that arise between you and the other party, us, the service provider, the promotion provider, the method provider Payments or third parties concerned.

We reserve the right to refuse or delay to forward your payment request through the Payment Method for certain reasons, including but not limited to any indication or We have sufficient reason to suspect cheating, fraud, violation of these Terms and Conditions, violation of laws and regulations that applies including those related to card payment instruments, electronic money, payment transaction processing, anti-money laundering, corruption and terrorism financing prevention, or other inappropriate or suspicious actions, including your non-fulfillment of your obligations to us.

Further provisions regarding fees applicable to certain Services, Promotions and/or Payment Methods can be found in the additional terms and conditions of the Services you ordered and the terms and conditions of the Service providers, Promotion Providers and/or Payment Method Providers.

7. Intellectual Property

Applications and Services, including but not limited to, names, logos, program codes, designs, trademarks, technologies, databases, processes and business models, are protected by copyright, trademarks, patents and other intellectual property rights available under the laws of the Republic of Indonesia, and registered under our name. We (and our licensors) own all rights and interests in the Application and Services, including all intellectual property rights related to all features contained therein and related intellectual property rights. These Terms and Conditions do not constitute a sales agreement and do not grant you any ownership rights in or related to the Services and/or Applications, or any intellectual property rights owned by Us (and Our licensors).

8. Application Software

We only provide official App software on official digital marketplaces, such as Google Play Store or Apple App Store or Huawei AppGallery, and for use only on a mobile phone or tablet device. Downloading the Application from a place other than the official digital market and/or into a device other than a mobile phone or tablet is a violation of these Terms and Conditions and our intellectual property rights.

9. Your Responsibilities

You are solely responsible for the decisions you make to use or access any Application, Service, Promotion or Payment Method. You must treat Service providers, Promotion Providers and Payment Method Providers with respect and must not engage in any unlawful, threatening or harassing behavior or actions when using the Service, Promotion or Payment Method.

You are fully responsible for any losses and/or claims arising from the use of Applications, Services, Promotions or Payment Methods through your Account, either by you or other parties using your Account, in a manner that is contrary to these Terms and Conditions, Policies Privacy, Promotion Providers, Payment Method Providers, or applicable laws and regulations, including but not limited to anti-money laundering, anti-terrorism financing, criminal activities, fraud in any form, infringement of intellectual property rights, and/or other activities that harm us and/or the public and/or any other party or which can or is considered to damage the reputation of us and/or any other party.

10. Limitation of Our Liability

We provide the Application and/or Service as is and We do not represent or guarantee that the reliability, timeliness, quality, suitability, availability, accuracy, completeness or security of the Application and/or Service can meet your needs and will meet your expectations, including but not limited to the Promotions and Payment Methods which are the sole responsibility of the Promotion Provider and Payment Method Provider. We are not responsible for any loss or damage caused by any failure or error made by the Promotion Provider or Payment Method Provider or your failure or error in complying with these Terms and Conditions, the terms and conditions of the Service provider, Promotion Provider or Payment Method Provider.

Applications may experience limitations, delays, and other problems encountered in the use of the internet and electronic communications, including your device, Promotion Provider or Payment Method Provider damaged, not connected to the internet, out of range, turned off or not working. We are not responsible for any delay, delivery failure, damage or loss caused by such problems.

We are not obliged to monitor your access to or use of the Application. However, we still carry out supervision for the purpose of ensuring the smooth use of the Application and to ensure compliance with these Terms and Conditions, applicable laws and regulations, court decisions, and/or provisions of administrative institutions or other government bodies.

We don’t have any obligation, including to take any further action or legal action deemed necessary by you, the Promotion Provider or the Payment Method Provider, for any problems or disputes that arise between you and the Promotion Provider or Payment Method Provider. However, We will facilitate any issues or disputes that arise between you and the Promotion Provider or Payment Method Provider with reasonable efforts necessary. When We facilitate the resolution of problems or disputes between You and the Promotion Provider or Payment Method Provider, We do not act as a mediator and it does not create any further obligations to Us.

We are only responsible for the losses that you experience directly which are actually paid for, which can be proven to have occurred due to our fault or our violation of these Terms and Conditions. The maximum amount that we will bear under any circumstances, which is only limited to: 5 (five) times the value of the related transaction (which is recorded according to our system).

11. Temporary Suspension, Permanent Suspension of MyBluebird Account

You may delete the Application from your mobile phone and/or tablet at any time. We do not have any obligations to you for matters arising from the deletion of the Application, temporary suspension or permanent suspension of your Account. However, you are still responsible for completing your obligations that have arisen, including but not limited to, any obligations that may arise as a result of disputes, claims, or other existing legal actions, prior to the date of deletion of the Application, temporary suspension or permanent suspension of your Account.

Your account may be temporarily suspended or permanently suspended by us without the need to obtain prior approval from or provide prior notice to you, for reasons including but not limited to:

a. Your report that your Account is used or suspected to be used or misused by another person;
b. Your report that your personal mobile phone or tablet is lost, stolen or hacked;
c. We know or have sufficient reason to suspect that your Account has been transferred or used by another person;
d. We know or reasonably suspect that things have occurred which in our view have been or may be detrimental to us, you, service providers, promotion providers, payment method providers or other parties;
e. We know or reasonably suspect that you have registered or logged in to multiple Accounts on one device for the purpose of violating these Terms and Conditions, Privacy Policy, or applicable laws and regulations.
f. We detect any inappropriate actions from the use of your Account or any obligations under these Terms and Conditions, and/or Privacy Policy that you have not complied with;
g. You have died, placed under guardianship or have other disabilities that make you legally incapable under the applicable laws and regulations;
h. Use of the Application or Service by you or another party (who uses your Account) in a manner that is contrary to these Terms and Conditions, Privacy Policy or applicable laws and regulations; and/or
i. Orders for Account suspension, whether temporary or permanent, issued by the relevant government or monetary institution or based on court orders issued in accordance with the applicable laws and regulations.

If your account is suspended and you have clear evidence that your account should not be suspended, you can make a report to us completed with the evidence. Upon further examination of your report, we will, in our sole discretion, determine whether to terminate or continue the suspension of your account.

You will not use the Application on a modified device or operating system outside of our device or operating system configuration and other configuration. This includes devices that have been “rooted” or “jail-broken”. A rooted or jail-broken device is a device that has been released from restrictions imposed by the device service provider and that is manufactured without the device service provider’s approval. Using the App on a rooted or jail-broken device may compromise security and lead to fraudulent transactions.

We are not responsible for the downloading and use of the Application on a rooted or jail-broken device and your use of a rooted or jail-broken device is entirely at your own risk. You understand and agree that We are not responsible for any loss or any other consequences suffered or caused by you as a result of using the Application on a rooted or jail-broken device and We have the discretion to stop Your use of the Application on a rooted or jail-broken device and block the rooted or jail-broken devices from using the App.

12. Actions We Deem Necessary

If we know or have sufficient reason to suspect that you have committed immoral acts, violations, crimes or other actions that violate and/or conflict with these Terms and Conditions and/or applicable laws and regulations, both those referred to in these Terms and Conditions With this provision or not, we have the right to and can suspend the account, either temporarily or permanently, or terminate your access to the application, including the services, promotions and/or payment methods contained therein, conduct inspections, refuse transactions, demand compensation, report to the authorities and/or take other actions that we deem necessary, including criminal or civil legal action.

We can follow up by conducting an investigation and/or facilitating the third party concerned to report to the authorities if we receive a report of your violation of these Terms and Conditions or a violation of the applicable laws and regulations, including but not limited to:
a. Harassment or verbal violence, including but not limited to, physical, gender, ethnicity, religion and race, that you do against the third party concerned;
b. fraudulent acts;
c. Use of the App on rooted or jail-broken devices;
d. Harassment or physical violence that you do against the third party concerned; and/or
e. Sexual harassment or violence, whether verbal or physical, that you do against the third party concerned.

13. Your statement

You represent and warrant that you are at least 18 (eighteen) years old or married and are not under guardianship or custody and that you legally have the capacity and the right to bind yourself to these Terms and Conditions. If you do not meet these conditions but continue to access or use the Application, Service, Promotion or Payment Method, you represent and warrant that your actions to open, access or perform other activities in the Application have been approved by your parent, or guardian. You expressly waive any legal right to cancel or revoke any and all consents that you have given under these Terms and Conditions when you are legally considered as an adult.

You agree to access or use the Application, Service, Promotion or Payment Method only for the purposes as specified in these Terms and Conditions and not to abuse or use the Application, Service, Promotion or Payment Method for fraudulent purposes, causing inconvenience to others, placing fraudulent orders or other actions that can or are considered to cause harm in any form to other people.

You understand and agree that all risks arising from the use of Applications, Services, Promotions and Payment Methods are entirely your responsibility and you hereby agree to release us from all claims in connection with damage, disruption, or other forms of system disturbance caused by unauthorized access by other parties.

You understand that the Application may use data from services and content from third parties, and by using the Application, you agree to comply with the third party’s terms of service.

You expressly release us, including but not limited to, our officers, directors, commissioners, employees and agents, from any and all obligations, consequences, material or immaterial losses, demands, costs (including attorney fees) or liability other laws that arise or may arise as a result of your violation of these Terms and Conditions or in connection with the actions of the Promotion Provider or Payment Method Provider.

14. Force Majeure

The Application or Service may be interrupted by events beyond our control or authority (“Force Majeure”), including but not limited to natural disasters, power failures, telecommunications disruptions, government policies, and others. You agree to release us from any claims and responsibilities, if we are unable to facilitate or provide services, including fulfilling the instructions you give through the application, either in part or in whole, due to a Force Majeure event.

15. Miscellaneous

You understand and agree that these Terms and Conditions are an agreement in electronic form and your action of pressing the ‘register’ button when opening an account or the ‘login’ button when accessing your account is your active agreement to enter into an agreement with us so that the validity of these Terms and Conditions is valid. These Terms and Privacy Policy are valid and legally binding and continue to apply throughout your use of the Application and Services.

You will not make any claim or objection to the validity of the Terms and Conditions or Privacy Policy made in electronic form.

You cannot transfer your rights and obligations under these Terms and Conditions without our prior written consent. However, we may transfer our rights and obligations under these Terms and Conditions at any time to other parties without the need to obtain prior approval from or provide prior notice to you.

If you do not comply with or violate the provisions of these Terms and Conditions, and we do not take action directly, it does not mean that we waive our right to take necessary action in the future.

Termination of this agreement between you and us will not relieve or limit you from any obligations and responsibilities arising prior to such termination.

You and We agree to waive the provisions of Article 1266 of the Indonesian Civil Code as long as a court decision is needed to terminate the agreement.

If any of the provisions of these Terms and Conditions is unenforceable, it will not affect the other provisions.

We make these Terms and Conditions in Indonesian and English. Any differences will be interpreted according to the Indonesian language.

These Terms and Conditions are governed by the laws of the Republic of Indonesia. Any and all disputes arising from the use of the Application or Services are subject to the exclusive jurisdiction of the South Jakarta District Court.

16. Contact Us

You can contact us by e-mail to customercare@bluebirdgroup.com or by telephone to 021-7971245. All your correspondence will be noted, recorded and kept for our archives.

B. Additional Provisions

Terms & Conditions Bluebird Regular Taxi

Passenger Capacity (During PPKM period*)

1-3 person

Max 2 person*

Fare Calculation

As displayed fare on running Argometer.

Minimum Fare

As per city & service type applied.

Cancellation Fee

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Available in big city at Indonesia.

Route Options

As customer’s need by available service area.

Type of Trip

Support multiple pickup and multiple destination.

Easy Ride Feature

Available to ease your trip and payment.

Fixed Price Feature

Available to ease your trip and payment.

Terms & Conditions Bluebird Van

Passenger Capacity (During PPKM period*)

1-5 person

Max 3 person*

Fare Calculation

As displayed fare on running Argometer.

Minimum Fare

As per city & service type applied.

Cancellation Fee

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Available in big city at Indonesia.

Route Options

As customer’s need by available service area.

Type of Trip

Support multiple pickup and multiple destination.

Easy Ride Feature

Available to ease your trip and payment.

Fixed Price Feature

Available to ease your trip and payment.

Terms & Conditions Silverbird

Passenger Capacity (During PPKM period*)

1-5 person

Max 3 person*

Fare Calculation

As displayed fare on running Argometer.

Minimum Fare

As per city & service type applied.

Cancellation Fee

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Jadetabek Area (Jakarta, Depok, Tangerang, Bekasi).

Route Options

As customer’s need by available service area.

Type of Trip

Support multiple pickup and multiple destination.

Easy Ride Feature

Available to ease your trip and payment.

Terms & Conditions Silverbird Charter

Passenger Capacity (During PPKM period*)

1-5 person

Max 3 person*

Fare Calculation

Prices according to the type of package/service used.

Minimum Fare

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Available in big city at Indonesia.

Route Options

Jadetabek Area (Jakarta, Depok, Tangerang, Bekasi).

Type of Trip

Support multiple pickup and multiple destination in accordance with package/service duration.

Terms & Conditions Goldenbird

Passenger Capacity

Sedan: 1-4 person

MPV: 1-6 Person

Lux MPV: 1-6 Person

Fare Calculation

Prices according to the type of package/service used.

Minimum Fare

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Available in big city at Indonesia.

Route Options

Following Customer’s requirement according to service area.

Type of Trip

According to customer needs based on the package/service used.

Terms & Conditions Bluebird Kirim

Fare Calculation

In accordance with the rates stated at the time of booking, excluding toll fees, parking and other fees.

Minimum Fare

As per city & service type applied.

Extra Fee

Toll, park, and others fee are customer’s responsibility.

Service Area

Available in big city at Indonesia.

Route Options

Follow the closest travel route.

Type of Trip

In accordance with the determination of the pick-up point and delivery point when placing an order.

Fixed Price Feature

Available to ease your trip and payment.