The following terminology applies to these Terms and Conditions, Disclaimer Notice and any or all Agreements: “Client”, “Customer”, “You” and “Your” refers to you, the person accessing this website, and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to us, PT. Ocean Realm Bali and PT DELOS INTERNATIONAL BALI. “Party”, or “Parties”, refers to both the Client and Ourselves, or either the Client or Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of The Company’s stated services/products, in accordance with and subject to, prevailing Indonesian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. DISCLAIMERS; LIMITATION OF LIABILITY 2.1. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
2.2. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
2.3. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
2.4. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
2.5. IN NO CASE SHALL SUBMERGE CO. LTD., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2.6. The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
2.7. The Company reserves the right, at any time, to do any of the following without notice: (1) to modify, suspend or terminate operation of or access to this Website, or any portion of the Website, for any reason; (2) to interrupt the operation of the Website, or any portion of the Website, when necessary to perform routine or non-routine maintenance, for error correction, or other changes; (3) to modify or change the Website, or any portion of the Website.
3. PURCHASES OF GOODS OR SERVICES; OTHER TERMS AND CONDITIONS 3.1. Additional terms and conditions may apply to purchases of goods or services and to specific portions of this Website, all of which terms are made a part of these General Terms and Conditions by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these General Terms and Conditions and the terms posted for or applicable to a specific portion of this Website, the latter terms shall control with respect to your use of that portion of the Website or the specific product or service. The following terms also govern and apply to your use of this website, and they are incorporated herein by this reference: Online Booking Terms of Service Online Shop Terms of Service Each of these terms may be changed from time to time and are effective immediately upon posting such changes on this Website.
4. PROHIBITED USES 4.1. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
5.1. You agree to indemnify, defend and hold harmless Submerge Co. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
6.1. The failure by either party to enforce one or more of the provisions in this agreement, because of the illegality, invalidity or unenforceability of that provision(s), shall not affect the validity or enforceability of any other provision in the agreement.
7.1. The customer shall not assign any of its responsibilities or obligations, or delegate any of its duties under this agreement without express written permission by The Company.
8.1. The failure by either party to perform one or more of its obligations contained in this agreement shall not be taken as a waiver of its contractual performance of any other obligation(s) in the agreement.
9. ENTIRE AGREEMENT
9.1. These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
9.2. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
10. NO THIRD PARTIES
10.1. Nothing in this agreement shall expressly or impliedly confer rights on any third party.
11. LINKS TO THIS WEBSITE
11.1. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
12. LINKS FROM THIS WEBSITE
12.1. We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and We should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites.
12.2. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
12.3. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
13.1. If, at our request or not, you send feedback, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise by posting ‘comments’ on our website, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
13.2. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
13.3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
13.4. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
13.5. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.
13.6. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. COPYRIGHT NOTICE
14.1. Copyright and other relevant intellectual property rights exists on all text relating to The Company’s services and the full content of this website.
15.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
15.2. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
15.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. NOTIFICATION OF CHANGES
17.1. The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
18. GOVERNING LAW
18.1. This contract shall be governed by, construed, and enforced in accordance with the laws of the Republic of Indonesia. Where any question or issue should arise under the agreement or any of its provisions, it shall be decided only in the courts or tribunals of the Republic of Indonesia, to the exclusion of any other courts or tribunals. This company is registered in Indonesia under Number -, registered office: Neptune Scuba Diving Jalan Suka Merta Sanur, Denpasar 80228 Bali, Indonesia. These Terms and conditions form part of the Agreement between the Client and Ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © PT. Ocean Realm Bali and PT DELOS INTERNATIONAL BALI 2019 All Rights Reserved]