Welcome to the Indonesea Website, thank You for using and accessing the Indonesea service in this Website. The terms and conditions listed on this page (“Terms and Conditions”) regulate Your access to the Website www.indonesea.id, also Website and other applications developed by Us (“Website”) and usage of all the features in it (“Features”) by PT Jelajah Bahari Indonesia (“Indonesea” “We", “Our” or “Us”).
By accessing the Website, You confirmed that You have read, understand and agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, You are not permitted to access the Website or use Features. These Terms and Conditions may be considered as a master agreement which used as a reference to other terms and conditions including but not limited to Privacy Policies, and by binding to these Terms and Conditions, You confirmed to be subject to the derivatives of these Terms and Conditions. The invalidation of other Terms and Conditions shall not cause these Terms and Conditions to become illegal, invalid, and/ or inapplicable.
By agreeing to these Terms and Conditions, You are deemed competent according to the Indonesian law and other laws in the applicable jurisdiction. If You do not have legal competence, You may access the Website and/ or use the Features accompanied by someone who is deemed capable in carrying out legal actions. If You act as an employee, agent, or proxy and act for and on behalf of other individuals, organizations, business entities, legal entities, or other agencies, You hereby represent and warrant that You are an authorized party to represent that party, in which these Terms and Conditions shall bind the party You represent. If You do not have legal competence (including but not limited to persons who are immature, those who are under the guardship, or unauthorized representatives), then You are fully responsible for everything You do in the Website, including but not limited to activities that You perform with other parties who use the Website.
- Definitions
- Activity means tourism activity in SCUBA diving sector, Liveaboard Activity, service related to SCUBA diving, including but not limited to accommodation service, transportation service, and other supporting services as far as relevant to the SCUBA diving activity provided by the Dive Operator and displayed within the Information Page.
- You means every visitor and/or registered user who accesses and/or use the Website and the Features contained therein.
- Service Fees means additional costs that must be paid by You in connection with the use of the Website to Book Activities, the amount of which is determined by Indonesea from time to time.
- Personal Data means any data related to identity, contact, profile, behavior within the Website and data related to Your personal information which can be identified directly and/or indirectly.
- Dive Operator means individuals, business entities, or legal entities that perform Activities which are displayed on the Information Page.
- Information Page means page in the Website where Dive Operator displays various kind of information and policy regarding the Activity provided.
- Business Day means days, excluding Saturday, Sunday, public holiday, and other days determined by the Government of Indonesia as holidays, whereas Bank operates commercially.
- Applicable Law means any national, provincial, municipal or other law, agency regulations, judgement, constitutions, decisions, rules, binding government policies, and statutes in the Republic of Indonesia.
- Activity Booking means the booking of the Activity made by You to the Dive Operator through the Website.
- Resolution Centre means the facility that We provided to function as reporting media which You and Dive Operator may use to resolve disputes arising between You and Dive Operator from Activity.
- Indonesea
- Indonesea is a limited liability company that creates, manages, and develops Website which refers to the www.indonesea.id and application or other Website developed by Indonesea from time to time that functions as online booking platform, which provide access for Activity Booking so You may perform Activity in a convenient manner.
- In this matter, Indonesea connects You and Dive Operator through the Website, therefore any transaction and loss arising from transaction and the performance will be borne by You and Dive Operator respectively.
- You understand that We are not, under any circumstances, can be considered as a representative or proxies of the Dive Operator and only function as a marketplace. Therefore, before making an Activity Booking, You are advised to read all the information and terms and conditions listed on the Dive Operator profile as well as the Information Page of the Activity that You select.
- We reserve the right at any time to change, delete, reduce, add and/or update the features contained on the Website. Your continued use of the Website will be deemed as approval on the changes, deletions, reduction, additions and / or updates on the Features.
- Account Provisions
- You can choose the Activity You want to buy and view the information provided by the Dive Operator about the Activity without having to register Yourself in Our system. However, to book Activities, make payments, or other things as determined by Indonesea, You are required to register to the system contained in the Website by creating an account ("Account").
- You hereby declare that You are a legally competent person and are able to commit into a legal agreement.
- You must provide Your personal data completely and truthfully on the Account page, including but not limited to full name, identity card number, telephone number, e-mail address, dive insurance, certificate as a diver, and emergency contact that can be contacted. We are not responsible for the consequences that may occur from incorrectness, inaccuracy, or misleading information of Your personal data that You entered into the account that causes loss to third parties.
- In the event that You already have an Account on the Website, You cannot register a new Account using the same personal data as Your registered Account.
- You can make changes to any information or data in Your account at any time while still subject to the terms and procedures set out by Indonesea.
- You are prohibited from transferring and / or selling Your registered Account to another party without Our approval.
- We, on Our sole authority, can suspend Your Account and / or delete Your Account, which will make You unable to access Your Account temporarily or permanently for alleged violations of the Terms and Conditions and/or Applicable Laws without an advance notice or information to You. After We suspend an Account and / or delete an Account, We will notify You via e-mail along with its reasons. We will restore Your Account to its original state if You have corrected Your mistakes and You understand that all losses suffered by You during the suspension of Your account are Your full responsibility.
- You are responsible for the security of the Account including Your use of e-mail and password as well as verification codes generated and sent by Our system or the third party system that We designate. Therefore, You hereby declare that We are not responsible for any losses or issues from the misuse of Your account due to Your negligence or mistakes. If there is an indication of misuse on Your account, We can only help You to check, suspend, or terminate the Account after You notify Us about it through Our contact feature on the Website or other communication facilities that We provide from time to time.
- Activity Selection
- On the Website, You can choose any Activities according to Your preferences, including but not limited to Activity types; the time and duration of the Activity, the price of the Activity, the additional services offered, packages offered, the terms of organizing the Activity, and other information displayed by the Dive Operator.
- Based on the preferences You have chosen on the Website and Features, We will display Activities that are in accordance with Your preferences. The search result display is based on preferences that You have chosen and cannot be considered as a recommendation and We are not under any circumstances acting on behalf or represents the Dive Operator. Therefore, You are fully responsible for the Activities selected through the Website.
- Activities Booking and Slot Availability
- Before You make any Activity Booking through the Information Page contained on the Website, You are recommended to read and understand all information listed by the Dive Operator on the Information Page about the Activity, specifically regarding the requirements or conditions that must be fulfilled to perform the Activity. Activities offered include but are not limited to:
- Daily diving;
- Diving package;
- Liveaboard.
- We do not provide features that facilitate You to communicate directly with the Dive Operator through the Website. However, You can submit special requests to the Dive Operator by notifying Us of those specific requests so it can be forward to the Dive Operator. You understand that We cannot guarantee the special requests that You submit can always be accommodated or provided by the Dive Operator and We cannot guarantee if such requests are not subject to additional costs from the Dive Operator.
- We have curated the Dive Operator to the best of Our ability, but We cannot ensure that every Activity provided by the Dive Operator will always be in accordance with Your wishes, thereby You release Indonesea from any loss that You incur from the use and selection of the Activity.
- Please understand, that each Dive Operator may have their own policies in providing Activities that are marketed by the Dive Operator through the Information Page, these policies include but are not limited to:
- cancellation of Activities;
- change of schedule for Activities that have been booked;
- availability and procedures for carrying out Activities;
- days and hours of the Activities performance;
- discount terms; and
- other policies that are made by the Dive Operator from time to time.
By deciding to book an Activity offered by a Dive Operator, You are also subject to the policies set by the Dive Operator and You are bound by an agreement between You and the Dive Operator, the Dive Operator is obliged to provide the Booked Activities, while You are obliged to make payments for the Activity punctually. Therefore, We recommend that You study and understand the policies of each Dive Operator that You choose before You make a purchase transaction. The decision to book Activities that provided by the Dive Operator is on Your full risk, therefore You hereby release Us from the responsibility and indemnity arising from the additional policies of each Dive Operator.
- You understand that Activities Booking is the sole responsibility of the Dive Operator and You. By booking an Activity, You are deemed to have read, studied and agreed to the information and policies provided by the Dive Operator. You hereby agree to release Us from liability, indemnity, loss of profits, or any costs arising from Your negligence or error in Activities Booking.
- Unless otherwise specified in these Terms and Conditions, You can use the Resolution Center to resolve disputes between You and Dive Operator arising in connection with Activities cancellation or late delivery of services from Dive Operator to You.
- After You have made a payment for the Activity, You will receive a payment confirmation e-mail from Us and We will forward the Activity Booking to the Dive Operator. In the event that the Dive Operator has confirmed that the Activity slot is available, We will send a notification e-mail to Your e-mail no later than 24 hours after You receive the payment confirmation e-mail.
- All Activities displayed on the Website are Activities with available slots that are updated regularly. In the event that the Dive Operator confirms that the slot is limited or not available, or if the Dive Operator does not operate on the Activity schedule You have chosen, We will send an e-mail confirmation of the availability of the slot to You regarding a new alternative date so You can make adjustments to the schedule or refund the fee that has been paid by You, including Service Fee no later than 30 days after We receive confirmation of Your request regarding refund.
- Activity Costs and Payment Mechanism
- After You have finished making an Activity Booking, You are required to make payments for Activity costs, taxes according to Applicable Law, additional fees of the costs of the Activities including shipping costs or other additional costs (if any), and Service Fee.
- We cannot guarantee that You will not be charged any additional fee other than the Activity fee which can be charged to You based on Your decision or as required by the Dive Operator for Your security purposes during the performance of the Activity. These additional costs include but are not limited to the cost of renting a locker, the cost of renting a diving equipment, the costs associated with Your security, and other costs that You choose (fees that are optional to support the performance of the Activity), or as required by the Dive Operator to ensure Your security during the performance of Activities. Therefore, We encourage You to look for such information in the Information Page available on the Website.
- Payment for the Activity fees that have been booked by You must be made no later than 3 (three) hours after You have finished making an Activity Booking on the Website. Delay in making payments will result in You losing the Activities slot and if You still want to participate on the Activities, You must re-order it. Indonesea and Dive Operator have no obligation whatsoever to ensure the availability of the Activity slots during the reorder process.
- We provide choices of payment methods, either by bank transfer to the account specified by Indonesea, virtual account, digital wallet, or other payment methods provided by Indonesea. All costs incurred in connection with payments are Your responsibility.
- Before making a payment, We recommend You to double check the nominal costs of Activities You are booking. In the event of a payment error, either because the nominal is paid less or exceeds the actual cost of Activity, You need to inform Us about it through Our contact feature on the Website or other means of communication that We provide from time to time. The shortage of payment for the Activity fee must be fulfilled before the Activity starts.
- In order to support payment mechanisms, We may use third party services including but not limited to payment gateway service provider. Therefore, We only facilitate the payment that You make.
- Cancellation of Activities Booking and Refund Policy
User Booking Cancellation
- Cancellation of Activities Booking can be done by You or the Dive Operator. If the cancellation is made by You, then You are obliged to submit a notification of the cancellation of the Activity Booking to Us or to the Dive Operator directly through the communication features provided on the Website or the communication facilities that We provide from time to time.
- User booking cancelation for non-Liveaboard Activity can be done with the following conditions:
- Cancellations made more than 30 (thirty) days prior to the scheduled performance of the Activity, You are entitled to receive a refund of the Activity fee amounted 100% (one hundred percent) of the total cost of the Activity, with the exception for Service Fees are non-refundable;
- Cancellations made between 30 (thirty) days to 15 (fifteen) days prior to the scheduled performance of the Activity, You are entitled to receive a refund of the Activity fee of 50% (fifty percent) with the exception for Service Fee is non-refundable;
- Cancellations made less than 15 (fifteen) days before the scheduled performance of the Activity, You are not entitled to receive a refund on the Activity cost and Service Fee.
- If You do not show up on the day of the scheduled performance of the Activity without proper notice, You will be considered a no-show, You are not entitled to receive a refund on the Activity cost and Service Fee.
- Cancellation of Liveaboard Activity by You can be done with the following conditions:
- Cancellations made 150 (one hundred fifty) days or more prior to the scheduled Liveaboard Activity, You are entitled to receive a 90% (ninety percent) refund of the Activity fee with the exception that the Service Fee cannot be returned;
- Cancellations made between 149 (one hundred and forty nine) days to 60 (sixty) days prior to the scheduled Liveaboard Activity, You are entitled to receive a 70% (seventy percent) refund of the Liveaboard Activity fee with the exception that the Service Fee is non-refundable ;
- Cancellations made 59 (fifty-nine) days or less than 59 (fifty-nine) days prior to the scheduled performance of the Activities, You are not entitled for the refund of Activity costs and Service Fees.
- If You do not show up on the day of the scheduled performance of the Activity without proper notice, You will be considered a no-show, You are not entitled to receive a refund on the Activity cost and Service Fee.
- Activity fee refunds will be made via bank transfer or other means that We specify from time to time,no later than 30 (thirty) Business Days after We receive confirmation of Your Activity Booking cancelation. The time period for receiving the refunding funds will refer to the relevant bank's provisions or third party services used for refund.
Booking Cancellation by Dive Operator
- If the cancellation of the Activity Booking is carried out by the Dive Operator for any reason except for Force Majeure, the Activity fee paid by You will be fully refunded, including the Service Fee. Activity fee refunds will be made via bank transfer or other means that We specify from time to time, no later than 30 (thirty) Business Days after We get confirmation of Activity Booking cancelation from Dive Operator. The time period for receiving the refund will refer to the relevant bank's provisions or third party services used for refund.
- For the avoidance of doubt, Force Majeure referred to in these Terms and Conditions is a delay or non-performance of the Dive Operator's obligations which cannot be considered as negligence or cannot be prosecuted if the delay or non-performance of the obligation is caused by an event outside the limits of the Dive Operator's ability including but not limited to natural disasters including: floods, tsunamis, earthquakes, landslides, storms, fires, bad weather; travel restrictions imposed by the local government; epidemic of a disease; the actions of public enemies; war; rebellion; sabotage; terrorism; blockade; riots or disturbance; attack; work prohibition; and other industrial or labor disruptions; or the existence of government regulations in the monetary sector or other regulations, all of which significantly have a direct impact on the performance of the Activities referred to in these Terms and Conditions.
- Reschedule Activity
- In the event that You need to reschedule any Activities that You have previously booked, You will need to cancel the Activity Booking and re-order, while still subject to the terms of the Cancellation and Activities Booking set out in these Terms and Conditions.
- You are fully responsible for the risks that You may face when You decide to reschedule an Activity, including but not limited to slots unavailability, unfulfilled Activity performance quota on that date, higher Activity price than the previous one, and other risks that cause You to not be able to do the Activity at the desired time.
- Performance of Activity
- Dive Operators are responsible for providing Activities to You, including ensuring that the performance of Activities provided is in accordance with the information in the Information Page.
- If there is a discrepancy in the specification of the performance of the Activity with the information that has been listed on the Information Page, then it can be reported to Us through the means of communication that We provide and disputes between You and Dive Operator can be resolved through the Resolution Center
- You agree that the performance of the Activity is the Dive Operator's responsibility so We are not responsible for the quality, safety, security standards imposed by the Dive Operator and for any losses that may arise from the performance of the Activity.
- You understands that each photo, video, or appearance of the Activity in any form, is a representation and description for the Activity, You hereby free Us and the Dive Operator from all consequences arising due to the difference between the representation and the actual condition of the Activity carried out.
- You understand that the Dive Operator can reschedule or cancel the Activity in the event that the date of the activity can be estimated that an event beyond the Dive Operator's capabilities including but not limited to Force Majeure as mentioned in Article 7.5.
- In the event that the Activity needs to be canceled due to the reasons referred to in Article 7.6, You understands that the event is not an intentional event or negligence, so that the Activity fee paid by You will be returned at minimum 50% (fifty percent) and the terms and conditions for refunding the Activity fee refer to the relevant Dive Operator policy. In the event of a rescheduling but You do not agree to the scheduling changes, You can cancel the Activity by taking into account these Terms and Conditions.
- Ratings and Review
- After the process of providing Activities is completed, You can provide a rating and review of the results of Activities provided by Dive Operator or the treatment of Dive Operator, however, the rating and review is not for the Website or Features contained in the Website. The rating and review shall be submitted to Us to be displayed on the Website and can be viewed by other users through Website.
- Ratings and reviews given by You is prohibited from containing any immoral; ethnicity, religion, race and intergroup material; as well as violating the Applicable Law in Indonesia.
- To ensure a good relation in the Website, We with Our own authority may delete ratings or reviews that violate these Terms and Conditions and/ or which in Our opinion are not appropriate to be displayed or violate the norms or the Applicable Laws in Indonesia.
- Resolution Center
- All transactions that You and the Dive Operator make, including securities that occur after the activity has been completed, are the sole responsibility of You and the Dive Operator. However, in order to provide optimal services to You, We provide a Resolution Center for You and Dive Operator to facilitate reports from You in case of disputes relating to Activities for reasons including:
- discrepancies of the Activities with the information listed on the Information Page;
- discrepancy of policies listed on the Information Page with the policies imposed by the Dive Operator; or
- other causes in connection with Activities Booking and other matters relating to Activities in accordance with these Terms and Conditions.
- If the things mentioned in Article 11.1 occur, You submit a report to Us, We will act as a facilitator between You and the Dive Operator. We will process the report if the report is given within 14 (fourteen) days from the date the Activity completion. If the report is submitted more than this time period, You hereby waive Your right to use the Resolution Center facility that We provide.
- Dispute resolution as regulated in this Article is made to facilitate the settlement of disputes between You and Dive Operator and create a positive climate on the Website for You, and is not made to replace dispute resolution procedures as in the Applicable Law including but not limited to procedural law.
- You understand that We only act as facilitators who help You to resolve Your disputes with the Dive Operator, so We have no obligation to ensure that disputes will be resolved or the results will be in accordance with the Your wishes.
- You hereby warrant that You will cooperate and assist Us by providing true statements to Us and in good faith in any dispute resolution through the Resolution Center to achieve a peaceful dispute resolution.
- Your Personal Data
- We will always protect Your Personal Data with reference to these Terms and Conditions and Applicable Laws. Further provisions regarding the security of Your Personal Data can be accessed through Our Privacy Policy which is an inseparable part of these Terms and Conditions.
- Duration and Limitation of Access Rights
- These Terms and Conditions shall apply for an indefinite period until expire for reasons specified in the Terms and Conditions.
- We with Our own authority may at any time temporarily suspend, limit or terminate Your access to Our Website, Features and/ or Account either temporarily or permanently without prior notice to You and without violating the provisions of the Applicable Law, for reasons of:
- violations that You commit against all or part of these Terms and Conditions or the non-fulfillment of Your obligations to Us;
- violation of the Applicable Law that that may harm Us directly or indirectly.
- We shall notify You not later than 2 (two) Business Days after We make a temporary suspension, restriction or termination of Your access to Our Website, Features and/ or Account.
- Temporary suspension, restriction or termination of Your access to the Website, Features and/ or Your Account temporarily or permanently does not limit Us to claim damages, report to the authorities, and / or take other actions that We deem necessary to protect Indonesea’s interests.
- Intellectual Property Rights
- Website, Features, names, trade names, logos, nuances, appearance, text, images, videos, content, programming codes, services and other materials provided by Us ("Material") are protected by intellectual property rights under Applicable Law. All rights, ownership and interest in the Material are Ours and We grant You a non-exclusive, and non-transferable license which can be revoked or withdrawn at Our own discretion. You hereby understand that You will not have the right, ownership or interest in the Material unless otherwise specified by these Terms and Conditions.
- Any usage, sub-license, modification, duplication, distribution, or creation of derivative works on Material other than those specified in these Terms and Conditions constitutes a violation of Our intellectual property rights so that We may exercise available legal remedies under Applicable Law to recover losses caused by such violations.
- Aside from Our Material, We may display logo, trademark, or other contents of Dive Operator which protected by intellectual rights (“Dive Operator Material”). Usage, modification, duplication, distribution, or derivative works on the Dive Operator Material that You do without the prior consent of Dive Operator is considered a breach of Dive Operator’s rights and You will be held accountable for the misconduct towards of Dive Operator Material.
- Prohibition
- You may only access the Website and use Features for Your personal use without violating anyone’s rights or Applicable Law. When accessing the Website and/or using Features, You are prohibited from:
- intentionally and without right or unlawfully intercepting or extracting transmission of electronic information and / or electronic documents or electronic information and / or electronic documents belonging to other You, other Dive Operator, or Us;
- intentionally and without rights or against the law in any way alter, add, reduce, transmit, damage, delete, move or hide an electronic information and / or electronic documents that are listed on the Website whether private or public;
- intentionally and without right or unlawfully take any action that results in the disruption of access to Website;
- intentionally and without right or unlawfully sub-license, produce, sell, procure for use by another party, distribute, provide or acknowledge ownership of Our Website, Features or other intellectual property rights;
- intentionally and without right or unlawfully manipulating, changing, omitting, destroying part or all of the Website;
- use Website and / or Features to conduct transactions that contain part of fraud or violate the rights of third parties and violate the provisions of Applicable Law;
- use a program or do certain things that can access, search or obtain information that is not Your right from Website;
- interfere with the continuity or damage of the server or network connected to the Wesite or ignore the standard procedures, rules or laws that apply for an Internet connection;
- trying to access a part of Website that You do not have the right to access it;
- carry out acts of plagiarism or publish content or Material that is displayed on the Website without permission from Us or related third parties or without mentioning Our identity or related third parties as the copyright holder of the content or Material;
- perform or attempt to reverse engineer, decompile, disassemble the programming code or algorithm or structure contained in the Website; or
- perform, order, participate, provide assistance or provide opportunities to conduct activities that violate the law, violate these Terms and Conditions, violate the rights of third parties, or have bad intentions while accessing the Website.
- We have the right to sue both civil and criminal proceedings for all prohibited acts as referred to in this Article and these Terms and Conditions as a whole.
- Content and Access to Third Party Content
- In using Website, You are prohibited from uploading or inserting words, comments, images or any content that contains ethnic, religious, race and intergroup, discrimination, demeaning or cornering other people, vulgar, threatening, advertising or promoting other Website other than Website Indonesea and other content which is prohibited according to these Terms and Conditions, Applicable Laws and values and norms contained in the community.
- You are prohibited from using, uploading, publishing and / or in other words uploading a photo / picture belonging to a third party without the third party's consent into the Website, causing violations of third party rights.
- When You upload or put content into Website, You give Us non-exclusive rights, not limited to territories, on an ongoing, irrevocable, royalty-free basis to exercise any and all copyright, publicity, trademark, database rights and intellectual property rights that You own in the content. Furthermore, if permitted by Applicable Law, You hereby declare not to claim for the economic rights that You own over the copyright of the content against Indonesea.
- We reserve the right to remove content or material in Website at any time in violation of these Terms and Conditions, the Applicable Laws regulations, and the applicable values and norms.
- Website may load third party content or links to third party website, which are provided as information to You. We already have the necessary permissions or licenses related to the availability of content or links to third party website contained in Website.
- We are only responsible for all content that We have. We do not guarantee that any content provided by third parties on Website is qualified, accurate, trustworthy or free from violation of the law.
- We cannot control, support or monitor the contents of third-party Website and will not be responsible for errors or omissions of third parties, and You are responsible for Yourself for Your access to such Website. These Terms and Conditions do not include Your access to these third party Website.
- Limitation of Liability and Indemnity
- By accessing and using Website including Features contain therein, You understand that Dive Operator displayed or information stated in the Information Page may not always be up to Your expectation and We refuse to warrant that You will always find the suitable Activity based on Your own criteria.
- We always try to keep Our Website safe, comfortable, and functioning properly. However, We cannot guarantee that these applications will operate continuously or that access to Our Website will always be faultless.
- YOU HEREBY AGREE THAT YOU USE OUR SITES AT YOUR OWN RISK, AND SITES ARE GIVEN TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CANNOT BE CHANGED, MODIFIED OR ADJUSTED TO YOUR SPECIFIC REQUEST.
- WE REFUSE TO WARRANT THAT SITE AND FEATURES WILL OPERATE UNINTERRUPTEDLY OR THAT SITE AND FEATURES WILL BE FREE FROM MINOR DEFECTS OR ERRORS THAT DO NOT MATERIALLY AFFECT PERFORMANCE, OR THAT ALL FEATURES CONTAINED IN SITE ARE DESIGNED TO MEET ALL YOUR NEEDS.
- We refuse to warrant that all services We provide, including Website and Features contained therein will always be available and will operate optimally in other countries outside of Indonesia. If You use Website, and/or Features from any other jurisdiction besides Indonesia or If You are a foreign citizen, You are to be held accountable for all usages including limitation of activity applied by the prevailing laws in the aforementioned jurisdiction and Your jurisdiction which You are domiciled at.
- Any damage that occurs to Your computer network, cell phone, applications or other devices due to the use of Website is Your full responsibility, to the extent permitted by Applicable Law.
- You hereby state that any information You give related to the Activity Booking is accurate and factual, and You have fulfilled the requirements according to the Applicable Law and policy of the Dive Operator before carrying on the Activity.
- To the extent permitted by Applicable Law, We hereby will not be responsible and You agree not to submit a claim to Us for any consequences, losses and/ or damage arising from but not limited to:
- Information and content written by Dive Operator or other Users to the extent where We have undertaken curation and periodic examination of information and content as stipulated by the Applicable Laws;
- negligence or error that You made while accessing and/ or using Website and / or Features including Your negligence in maintaining the security of Your Account;
- violation of third party intellectual property rights by You;
- the quality of Activities offered or provided by Dive Operator;
- security system provided by Dive Operator during the Activity ;
- the attitude or actions of Dive Operator including their workers or representatives who are not in accordance with Applicable Law or not in accordance with applicable norms;
- the deliverance or performance of Activities that are not carried out in accordance with these Terms and Conditions;
- policies stipulated by Dive Operator on the Activities provided, including but not limited to discounted programs, bundling purchase packages or other policies;
- Dive Operator’s policy related to refund policy in regards to cancellation or unperformed Activity;
- cancellation of Activities Booking that have been perform in accordance with the provisions in these Terms and Conditions;
- interruptions, bugs, inaccuracies and defects in the Website as long as We have taken reasonable efforts to fix the Website;
- damage to Your computer, cell phone or electronic device network due to the use of the Website;
- viruses or other dangerous things obtained by accessing the Website and/or Features; and
- hacking by a third party to Your account as long as We have carried out reasonable security procedures on the Website and / or Features.
- If there is a dispute arising between You and Operator or other users arising from the transaction process of purchasing an Activity, You hereby agree to release Us including Our affiliates from all claims and charges for damage and loss (actual and implied).
- You hereby agree that You shall release Us from claims for indemnity and safeguard Us including Our affiliates from any claims or lawsuit, including reasonable legal fees, delivered by third parties arising from violations of these Terms and Conditions by You, improper use of Our Website and / or Your violation of Applicable Law or violation on the rights of third parties which are performed by You.
- For the interest of this Article, affiliates means (i) in relation to legal entity: any party, which directly or indirectly controls, under the control with or is controlled directly or indirectly by Indonesea; or (ii) in relation to individual, any person who has working relationship or act as representative or proxies of Indonesea.
- Dispute Settlement
- All disputes arising between You and Us relating to the performance of these Terms and Conditions will be settled by deliberation and consensus, with a period of 30 (thirty) days after the dispute is informed to Us.
- Before contacting Us directly to negotiate the settlement of a problem or dispute, You agree not to announce, make writings in online or print media related to the matter that may defame Indonesea.
- If no consensus is reached from such deliberation, then a civil lawsuit may be filed in the competent district court as stipulated by the Applicable Law.
- During disputes in the settlement process, You are obliged to comply and carrying out the obligations that You must fulfill according to these Terms and Conditions.
- Miscellaneous
- These Terms and Conditions are made, implemented, subject and interpreted based on the provisions of the laws of the Republic of Indonesia and Indonesian that may be translated into other languages. If there is a dispute regarding the definition or interpretation of the matters provided for in these Terms and Conditions, the Indonesian language version shall apply.
- These Terms and Conditions include the terms of access to the Website that apply as a valid agreement between Indonesea and You. You cannot transfer Your rights and obligations in these Terms and Conditions to any third party.
- We always try to provide the best service for You in accessing Our Website therefore We have the right to make changes to these Terms and Conditions in order to adjust to the business development and the provisions of the Applicable Law. Amendment to these Terms and Conditions shall from time to time be uploaded to the Website so You can read the changes from these Terms and Conditions. If changes to these Terms and Conditions are Material, We will notify You before the changes take effect. By continuing to access the Website, You declare that You have read, understood and agree to be bound by the amendments of these Terms and Conditions.
- If there are provisions or parts of these Terms and Conditions that are against the law, cannot be applied or become invalid, then such provisions or parts will be deemed removed from these Terms and Conditions and other provisions of these Terms and Conditions will remain in full force.
- These Terms and Conditions may be translated into other languages besides Indonesian as provided by Us. It is possible that some parts of these Terms and Conditions have different meanings, intentions, or interpretation when translated into other foreign languages. If there are differences in interpretation between the Indonesian version and the foreign language version, the Indonesian version shall prevail and You are encouraged to refer to the Indonesian version.
- Contact Us
- You may give questions, critics and suggestions, complaints, and reports relating to the use of the Website by contacting Us through e-mail info@indonesea.id or telephone on +628119012019. All correspondence between You and Us maybe noted or recorded by Us for Our interest.