1. General Provisions
1.1. This document addressed to any individual (hereinafter referred to as the “Customer”) is an official offer of the TUDA service (hereinafter referred to as the “Service”), containing all the essential terms of the provision of information services for receiving, processing, and entering into the database of Customers’ requests for the services specified in Clause 1.5 of this offer (placement of the Customer’s offer to receive services), for the purpose of ensuring access to these requests for Partners of the Service.
1.2. this document is a public offer. Ordering the services specified in Clause 1.5 of this offer means its acceptance, which is considered equivalent to the conclusion of a contract on the terms set forth in the offer. The offer is posted on the official website on the Internet://tu-da.com.
1.3. By accepting the terms of this public offer, the Customer also agrees to the Policy of the Service regarding the processing of confidential data, posted at https://tu-da.com.
1.4. The Customer shall carefully read the text of this offer. Should the Customer disagree with any of its terms, he/she is offered to refuse the services of the Service.
1.5. By means of the Service, the Customer can place a request for the following services (the list of services may vary in different cities where the Service operates)
1.5.1. freight transportation;
1.5.2. passenger and luggage transportation on request;
1.5.3. passenger and luggage transportation by motorcycle and/or cars;
1.5.5. courier delivery;
1.5.6. food delivery
1.5.15. cleaning services;
1.5.17. massage and/or spa services
The availability of services that can be ordered through the Service is not guaranteed and shall be checked at the time of ordering.
1.6. Terms and definitions used to perform the provisions of this offer are the following:
1.6.1. “Services” mean the information services aimed at receiving, processing and entering into the database of Customers’ requests for the services specified in Clause 1.5 of this offer, and at informing the Customer about the order fulfillment.
The Service does not provide any services to the Customer independently.
1.6.2. “Order” means an order processed by the system for services provided by Partners.
1.6.3. “Partner of the Service” means a person who independently, on his/her own, provides the Customer with services.
1.6.4. “Profile” means a page on the official website of the Service containing statistical information on the scope of services provided and the current status of the Customer’s personal account. In order to register the Profile, it is necessary to provide at least data on the Customer’s subscriber telephone number.
1.6.5. “Personal Account” means an account in which advance payments of the Customer and amounts of funds withheld (debited) from these payments as payment for services are recorded. The personal account has a unique number and is generated by the Service.
1.6.6. “Personal Account Balance” means the difference at a certain time point between the amount of funds deposited into the personal account and debited from the personal account.
1.6.7. “Customer” means a person ordering a service through the Service.
1.6.8. “Route” means a vehicle route between the departure and destination points.
1.6.9. “Scheduled Order” means an order for a service, accepted minimum 60 minutes in advance, and assuming the possibility to provide the service at the time specified by the Customer.
1.6.10. “Current Order” means an order assuming the provision of a service as soon as possible.
1.6.11. “Mobile Application” means a computer program installed on the Customer’s mobile device and integrated into the hardware and software system, and allowing automating the process of creating orders via the Internet.
2. Subject of the Offer
2.1. The Service shall provide the Customer on a free-of-charge basis with the information services aimed at receiving, processing and entering into the database of Customers’ requests for the services specified in Clause 1.5 of this offer, and at informing the Customer about the order fulfillment. The Service is not a transport company; it does not independently provide the Customer with services, including passenger transportation, cargo transportation services or any other services, The Service act as operator transferring the order to the Partner.
3. Procedure for the Provision of Services
3.1. The Customer accepts the terms of this offer when he/she contacts the Service by any means available to order a service.
3.2. The Customer shall be responsible for the content and reliability of the information provided while placing an order.
3.3. Once the order is placed, the Customer’s data shall be registered in the database of the Service. The Service will not change or edit the Customer’s data without the Customer’s consent.
3.4. The Service shall place the order in the hardware and software system on a free-of-charge basis and grant access to the hardware and software system to the Partner that shall select the order and notify the Service of his/her choice, specifying the time of the service provision for the selected order. In this case, the Service shall guarantee only the entry of the order into the hardware and software system. The Partner fully responsible for the provision of the service.
3.5. The Service shall inform the Customer about the procedure and characteristics of the service provided, specifying all the essential information necessary for proper and correct performance of the service by the Partner.
3.6. The Service can accept scheduled orders for the provision of services. The timely provision of a service shall be the responsibility of the Partner notified in advance by the Service of the scheduled order. However, the provision of the service shall not be guaranteed.
3.7. The Service reserves the rights to refuse service to the Customer that disagrees with the terms of this offer, without giving the reasons for refusal.
3.8. Telephone calls between the Customer and the Service shall be recorded for internal control of activities of the Service and quality control of the order fulfillment.
3.9. In order to improve quality of the services provided, as well as to ensure real-time interaction between the Customer and the Partner, the Customer may inform the Service of cases of violation of the Customer’s rights by the Partner by contacting the Service, using electronic feedback form or in writing at the location of the Service. In this case, the Service shall notify the Partner about the claim received from the Customer, share the Customer’s telephone number with the Partner, as well as the content of the Customer’s claim. Further conflict resolution shall be carried out between the Customer and the Partner without the participation of the Service. The content of this Clause shall not and may not be deemed as the acceptance by the Service of any obligations to compensate for damage either in kind or in cash, pay compensation, and/or acceptance by the Service of other obligations not provided for in this offer.
3.10. When collecting and processing the Customer’s personal data, the Service shall follow the provisions of the applicable law and regulation as well as the Policy of the Service regarding confidential data processing.
3.11. Should the Customer have any questions related to the characteristics of the services, he/she shall consult a specialist of the Service before placing the Order.
4. Responsibilities of the Service
4.1. The Service shall place the Customer’s order on a free-of-charge basis in the hardware and software system and inform the Customer about the order fulfillment.
4.2. The Service shall inform the Customer about cases of forced delay in the provision of a service.
4.3. The Service shall inform the Customer about cases when it is impossible to provide a service.
4.4. The Service shall timely credit the advance payments of the Customer to the personal account.
4.5. The Service shall timely detect and prevent attempts of unauthorized access to the information provided by the Customer, and/or its transfer to persons that are not directly related to the order fulfillment.
5. Responsibilities of the Customer
5.1. The Customer shall order a service taking into account the time required to ensure the performance of the service.
5.2. The Customer shall take into account the number of seats and the volume of the load compartment of the vehicle, as well as the need to equip the vehicle with child restraints.
5.3. The Customer shall specify his/her phone number, time, and address for the provision of a service, vehicle type, trip route, required transportation conditions.
5.4. The Customer shall use the provided service as intended.
5.5. The Customer shall maintain cleanliness and orderliness when receiving a service throughout the entire time of the order fulfillment.
6. Settlements between the Customer and the Partner
6.1. The Service shall provide the Customer on a free-of-charge basis with the services, the subject of which is defined by this offer.
6.2. Payment for the provision of services shall be carried out directly between the Customer and the Partner. The Service shall inform the Customer about the cost of the provision of services. The specified cost is calculated based on the rates applied by the Partner that accepted the order for fulfillment. The setting of rates is dynamic, it depends on many factors (condition of street and road network, traffic congestion, time of day, year, dynamics of demand for services, climate conditions, etc.) and may entail difference in rates for homogeneous services at different times. Informing the Customer about the final cost of a service shall not mean and may not be regarded as the fact that the service is provided by the Service.
6.3. The method of payment shall be determined by the Customer without participation of the Service.
6.4. The Service shall not give the Customer any instructions regarding the method and procedure for payment for the services provided.
6.5. The Service shall provide the technical capability for the Customer to pay for services with the use of the following methods:
6.5.1. advance payment in the self-service terminal with depositing funds into the Customer’s personal account;
6.5.2. cashless payment using bank cards (if technically feasible).
6.6. In case of settlements between the Customer and the Partner carried out by advance payment or cashless payment using bank cards, the Service shall act as the Partner’s agent on behalf of and at the expense of the Partner in terms of receiving funds from the Customer. The Service shall assume the obligations of the Partner’s agent only in terms of ensuring the receipt of funds from the Customer.
6.7. Cashless payment system using bank cards shall be made via credit or debit cards of the Visa, MasterCard.
6.8. Registering the profile, as well as linking a bank card to the Customer’s personal account number are required to get the possibility to pay the Partner’s services by cashless payment using bank cards.
6.9. Cashless payment using bank cards shall be made in accordance with the international payment systems rules on the principles of confidentiality and security of payment. The security of the data provided by the Customer shall be ensured by compliance of the procedures with the Payment Card Industry Data Security Standard, and no one, including the Service, may receive it. Bank card data shall be entered on the secure payment page of the acquiring bank providing the option of cashless payment for services.
6.10. For confirmation of the possibility of cashless payment using bank cards, funds in the amount of the cost of the corresponding services may be reserved on the Customer’s bank card at the time of placing the order. In case of cancellation of the order placed by the Customer, as well as in other cases of non-provision of services to the Customer, the funds reserved on the Customer’s card shall be returned to the Customer.
6.11. Should the Customer change the scope of requested services, the cost shall be subject to recalculation. The order shall be paid by the Customer in accordance with the scope of actually provided services.
6.12. The Customer and the Partner shall be entitled to agree on other forms of payment for the provision of services, not stipulated in this offer, including payment for services in cash and by other methods that do not contradict the current legislation.
6.13. The Partner shall be entitled to set a fee for providing additional services to the Customer, including, but not limited to, waiting by the Partner to perform the service for more than five minutes, transportation of large-size items, etc. In case of a scheduled order, the free waiting period starts from the time at which the scheduled order is made, but not earlier than the moment of the actual vehicle arrival. In case the vehicle arrives earlier than the time for which the scheduled order is made, the free waiting time shall be calculated from the moment the vehicle actually arrives and the Customer is notified about it. At the same time, the free waiting time cannot be less than 5 minutes and cannot expire earlier than the time for which the scheduled order is made.
6.14. The Partner shall be entitled to establish a penalty for the Customer’s refusal from the service after the Customer is notified of the provision of the service. The penalty amount shall be determined by the Partner.
6.15. The Service shall inform the Customer of the rates established by the Partner for the provision of additional services and the penalty. In this case, payment for the provision of additional services, payment of the penalty shall be made directly to the Partner in the form agreed by the Customer and the Partner.
7. Liabilities of the Parties
7.1. The Parties shall be liable for non-performance of their obligations in accordance with the applicable law and regulation.
7.2. The Service shall not be liable for any interruptions in the provision of services in case of failures of software or hardware not belonging to the Service.
7.3. The Service shall not be liable for complete or partial interruptions in the provision of services related to replacement of hardware, software, or carrying out other works required to maintain operability and development of technical means of the Service.
7.4. The Service shall not be liable for direct damages, lost profit incurred by the Customer as a result of using the services.
7.5. The Service shall not be liable for the Partner’s failure to perform his/her obligations.
7.6. The Partner of the Service shall be fully liable to the Customer for the loss of or damage to the delivery.
8. Dispute Resolution Procedure
8.1. The Parties shall resolve any disputes and disagreements related to the performance of this offer through negotiations and mutual deliberation.
8.2. Should it not be possible to resolve any disputes through negotiations, they shall be resolved in accordance with the current legislation of the Republic of Indonesia.
9. Special Terms
9.1. By agreeing to the terms of the offer in this version, the Customer expresses his/her consent to receive information messages, as well as promotional information (including messages received via Viber, WhatsApp, Telegram and similar Internet instant messengers) distributed through communication networks for the purposes and in cases where the need for such consent is pursuant to the laws of Republic of Indonesia.