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Bali, Indonesia

Phone: +62 361 722 700

© 2019 Pemco All Rights Reserved

DIGITAL TERMS OF USE AND END USER LICENSE AGREEMENT

 

 

THIS IS AN IMPORTANT AND LEGALLY BINDING DOCUMENT. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY.

 

The Terms of Use set forth herein (the “Terms”) govern your access to and use of various websites, mobile application(s), kiosks, and other digital platforms (together, the “Digital Platforms”) owned, operated, licensed or controlled by PT. Laut Salito / Damcro Marine International Ltd. its subsidiaries, affiliates or joint ventures (“we,” “us,” “our,” or the "Company").

Supplemental terms of sale and terms of use (the “Supplemental Terms”) may apply to certain events, programs, activities or promotions, and such Supplemental Terms may be disclosed to you separately. Any Supplemental Terms and conditions are in addition to these Terms and, in the event of a conflict, prevail over these terms.


BY CLICKING “Book Now,” DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND, BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING all applicable laws and regulations (including export and re-export control laws), and PRIVACY POLICY (TOGETHER, THE “TERMS”).

If you do not agree to the Terms, then you do not have our permission to use the Digital Platforms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Digital Platforms. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted by this paragraph, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

1.              General Terms

 

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Digital Platforms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

 

2.              User Accounts and Registration

In order to use most aspects of the Digital Platforms, you must register for and maintain an active personal user account (“Account”). You must be at least thirteen (13) years of age to obtain an Account. If you are between the ages of 13 and 18, you represent and warrant that you possess the legal consent of your parent or guardian to access and use the Digital Platforms.

Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and date of birth, among others. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Digital Platforms.   

It is a condition of your use of the Digital Platforms that you provide user account registration details on behalf of yourself, and not others.  Although you may assist others in creating their own accounts, you may not impersonate others on the Digital Platforms.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.  You may not assign or otherwise transfer your Account to any other person or entity.

3.              Mobile Network

When you access the Digital Platforms through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Digital Platforms may be prohibited or restricted by your network provider and not all Digital Platforms may work with your network provider or device.

4.              Changes to the Digital Platforms

We reserve the right to withdraw or amend the Digital Platforms and any material we provide on the Digital Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Digital Platforms is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Platforms, or all Digital Platforms, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Digital Platforms (including but not limited to obtaining any necessary hardware and operating system software, or any internet connectivity that may be required to access the Digital Platforms).

5.              Location Based Services

Some of the features of the Digital Platforms may enable the Company to access your location in order to tailor your experience with the Digital Platform(s) based on your location ("Location-based Services"). In order to use certain Location-based Services, you must enable certain features of your hardware (e.g., your mobile phone), which enable the Company to identify your location through a variety of means, which may include IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Digital Platforms. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Digital Platforms; (ii) we may provide Location-based Services related to and based on your then-current location; and (iii) we may use any such information collected in connection with provision of the Digital Platforms.

6.              Grant to You of a Limited License

The Digital Platforms and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless otherwise expressly noted, nothing that you read or see on any Company Digital Platforms may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of PT. Laut Salito and Damcro Marine International Ltd. 

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Digital Platforms, except as follows:

·      Your computer hardware or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

·      You may store files that are automatically cached by your web browser for display enhancement purposes;

·      You may print or download one copy of a reasonable number of pages of the Digital Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution; and

·      You may download a single copy of any mobile application provided by the Company to your mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for any such application(s).

 This grant of permission is not a transfer of title, and under this permission you may not:
 

·      Modify copies of any materials from the Digital Platforms;

·      Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

·      Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

·      Remove any copyright or other proprietary notations from the materials; or

·      Transfer the materials to another person or "mirror" the materials on any other server.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Digital Platforms in breach of the Terms of Use, your right to use the Digital Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Digital Platforms or any content on the Digital Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Digital Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

We make no warranties or representations to you that your use of any materials displayed on a Company Digital Platforms will not infringe the rights of third parties.

7.              Open Source Software

 

The Digital Platforms may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Digital Platforms are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.

 

8.              Term, Termination of this Agreement

 

a.     Term: These Terms are effective beginning when you accept the Terms or download, install, access or use the Digital Platforms, and ending when terminated as set for in Section 11.b.

b.     Termination: If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your account on the Digital Platforms, or suspend or terminate your access to the Digital Platforms at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service call center.  If you terminate these Terms, the Company reserves the right to terminate your account.

c.     Effect of Termination: Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Digital Platforms; and (ii) you will no longer have access to your account.

 

9.              Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Digital Platforms (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Digital Platforms and create other products and services.

10.           Copyrights
 

Unless otherwise expressly noted, all materials, including images, illustrations, designs, icons, and photographs appearing anywhere on the Digital Platforms are protected by worldwide copyright laws and treaty provisions.

None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed in any form or by any means other than as described in the Linking Policy section or with the Company’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Digital Platforms may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 


Indonesian Government license rights, if any, in the materials appearing on the Digital Platforms are limited to those mandatory rights identified in ARS 252.227-7015(b) and all other applicable laws and regulations. All other use is prohibited without the prior written approval of the Company. Use of any of the materials appearing on the Digital Platforms by the Government constitutes acknowledgment and acceptance of the Company's proprietary rights in the materials.

11.           Trademarks


The Company’s name(s), the Company’s logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Digital Platforms are the trademarks of their respective owners.

No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on the Digital Platforms. 


Any use of the Company’s Trademark or linking the Digital Platforms must follow the terms set out in the Linking Policy section. If you are unsure whether a trademark, service mark, logo or graphic is the property of the Company, or if you have any questions about the use of the Company’s Trademarks, please contact us. The Company aggressively enforces its intellectual property rights and will actively seek the recovery of any fees, costs and damages it may incur preventing the misuse or misappropriation of its intellectual property. 

12.           Linking Policy Generally

 

You may link to any part of the Digital Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

If the Digital Platforms contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Digital Platforms linked to this Digital Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such Digital Platforms.

13.           Linking Policy for Travel Agents


The Company encourages links to its Digital Platforms by bona fide travel agents. Any such links to Digital Platforms must comply this Linking Policy.


Unless the Company provides the travel agent with prior authorization, in writing, any link to Digital Platforms must use or include a Company trademark. The Company grants travel agents a limited license to use these logos for the specific purpose of creating and use such a link, but this limited license does not transfer title in any trademark(s). The Company trademark(s) may only be used as an active link to the appropriate Digital Platformss.

Travel agents may not use the Company trademark(s) to imply that any portion of the Company has sponsored or endorsed a travel agent Digital Platforms without receiving the prior written permission of the Company.

Further, travel agents may not alter Company trademark(s) in any way, including proportions or colors, and may not animate or morph the Company trademark(s) to change their appearance.

Travel agents may also not use the Company trademark(s) on any Digital Platforms which, in the Company's sole discretion, disparages the Company or its affiliates, or their respective products or services.

Company trademark(s) may only be used on Digital Platforms which, in the Company's sole discretion, make accurate references to the Company and its products and/or services. The Company trademark(s) must be placed on the same page as the reference to the Company and as close to any such reference as feasible.

Any link to a Company Digital Platforms must only be to that site's home page. No "deep linking" to other pages on a Company Digital Platforms is permitted without the Company's prior written consent.

The Company may, in its sole discretion, terminate a travel agent’s right to use Company trademark(s) at any time. The Company may take action against any use of the Company trademark(s) that does not conform to these policies or that infringes any right held by the Company and will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.

 

14.           Other Prohibited Uses

 

You may use the Digital Platforms only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Digital Platforms:

•       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Indonesia or other countries).

•       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

•       To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

•       To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

•       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Platforms, or which, as determined by us, may harm the Company or users of the Digital Platforms or expose them to liability.

    Additionally, you agree not to:

•       Use the Digital Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Digital Platforms, including their ability to engage in real time activities through the Digital Platforms.

•       Use any robot, spider or other automatic device, process or means to access the Digital Platforms for any purpose, including monitoring or copying any of the material on the Digital Platforms.

•       Use any manual process to monitor or copy any of the material on the Digital Platforms or for any other unauthorized purpose without our prior written consent.

•       Use any device, software or routine that interferes with the proper working of the Digital Platforms.

•       Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

•       Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Digital Platforms, the server on which the Digital Platforms are stored, or any server, computer or database connected to the Digital Platforms.

•       Attack the Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack.

•       Otherwise attempt to interfere with the proper working of the Digital Platforms.

 

15.           Reliance on Information Posted

 

The information presented on or through the Digital Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Platforms, or by anyone who may be informed of any of its contents.

We may update the content on this Digital Platforms from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Platforms may be out of date at any given time, and we are under no obligation to update such material.

 

16.           Purchases

 

All purchases through the Digital Platforms or other transactions for the sale of goods, or services or information formed through the Digital Platforms or as a result of visits made by you may be governed by separate terms of sale and terms of use.  Separate terms may be provided through the Digital Platforms, onboard our vessels, or via a separate channel (i.e., a port agent, prior to boarding).

We reserve the right to refuse or cancel any order prior to delivery.  Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments.  We also may require additional verification or information before accepting an order.  We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. 

When you provide payment information in connection with a purchase on the Digital Platforms, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. 

We may revise the pricing for products and services we offer.  When you place your order, we may estimate the tax and include that estimate in the total for your convenience.  The actual tax amount that will be applied to your order and charged to your payment method may differ from the estimate provided.

17.           Vessel Operator


Sailings may be operated by the Company or its affiliates. 

 

18.           Nonrefundable Deposit Program

A booking made under the non-refundable deposit cruise fare rate (an "NRD Booking") requires the payment of a non-refundable deposit at the time of booking. The deposit is not refundable at any time after it has been paid. Payment of the full non-refundable deposit and the full name for each guest is required at the time of booking. Deposits made toward Guarantees and Grand Suites and higher categories are non-refundable and subject to NRD Booking terms. 


If a guest cancels an NRD Booking prior to the final payment due date, the cancellation terms of the cruise ticket contract apply, and PT. Laut Salito will issue a future cruise credit in the amount of the deposit paid minus a $100 USD per person service fee to the guest named on the cancelled NRD Booking (the "FCC"). The FCC is applicable only towards the purchase of a Pemco cruise and expires 12-months after the issue date (the "Expiration Date"). Any amount remaining after the Expiration Date will be void and forfeited. The FCC is non-transferable, non-refundable, and not redeemable for any other form of compensation, credit, or cash. For NRD Bookings that require a deposit of $100 USD or less, no FCC or any other compensation or credit of any kind will be issued.

Each time the guest changes the ship or sail date of an NRD Booking prior to the final payment due date, payments made towards the NRD Booking will be applied to the balance of the modified booking and a $100 USD per person service fee will be charged to the modified booking. 

Prices are subject to availability, subject to change without notice; capacity controlled,
and may be withdrawn at any time. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update fares, fees and surcharges at any time without prior notice.

19.           Disclaimers; No Warranties

The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Digital Platforms. We assume no liability or responsibility for any errors or omissions in the content of any Company Digital Platforms. The Company is not responsible for pricing, typographical, or other errors and reserves the right to cancel without liability any bookings made at erroneous rates.

While the Company may make changes to the information in Digital Platforms or to any Company service or product at any time without notice, the Company makes no commitment to update the information on the Digital Platforms.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. 


THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIGITAL PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT ANY COMPANY DIGITAL PLATFORMS OR THE SERVER(S) THAT MAKES THE DIGITAL PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Company ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Company ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT. 


APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 


THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

 

20.           Limitation on Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Company ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Company ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Company ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21.            Indemnification

You are responsible for your use of the Digital Platforms, and, to the fullest extent permitted by law, you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Digital Platforms not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those Claims.   

22.           Governing Law
 

All matters relating to the Digital Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Indonesia without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Indonesia or any other jurisdiction).

23.           Dispute Resolution and Arbitration

Generally:  In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, you and Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions: Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator: Any arbitration between you and Company will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes in Indonesia. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or electronic mail (“Notice”).  The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favour, Company will pay you the highest of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by Company in settlement of the dispute prior to the arbitrator’s award;

Fees: Any arbitration hearing will take place at a location in Jakarta, Indonesia. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be paid by the customer. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision: If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice, in which case your account with the Company and access to the Digital Platforms will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

24.           Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25.           Consent to Electronic Communications

By using the Digital Platforms, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

27.           Notice Regarding Google, Inc. or Microsoft Corporation

If you access the Digital Platforms using an Android or Microsoft Windows-powered device, Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract.  However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Digital Platforms.  You agree that your access to the Digital Platforms using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

28.           Notice Regarding Apple, Inc.

This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Digital Platforms and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Digital Platforms. In the event of any failure of the Digital Platforms to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Digital Platforms. Apple is not responsible for addressing any claims by you or any third party relating to the Digital Platforms or your possession and/or use of the Digital Platforms, including: (i) product liability claims; (ii) any claim that the Digital Platforms fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Digital Platforms and/or your possession and use of the Digital Platforms infringe third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Digital Platforms. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

29.           Waiver and Severability  

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

30.           Entire Agreement  

The Terms of Use constitute the sole and entire agreement between you and the Company with respect to the Digital Platforms and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Digital Platforms.