Terms of Use
Last updated: January 16, 2024
General Terms of Use
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1.
Your Agreement
o 1.1 This website www.kamtuuindonesia.com
and/or the Kamtuu Indonesia App (together, 'Kamtuu Indonesia Platform')
is operated by PT Kamtuu Wisata Indonesia, an Indonesia incorporated company.
Please read these terms of use (“this Terms of Use”) carefully
before using the Kamtuu Indonesia Platform and the services offered by PT
Kamtuu Wisata Indonesia, its affiliated companies (together, “Kamtuu
Indonesia”) or the third-party operators (the “Operator”) through
the Kamtuu Indonesia Platform (the “Services”). “You” and “your”
when used in this Terms of Use includes (1) any person who accesses the Kamtuu
Indonesia Platform and (2) persons for whom you make a purchase of the
Services.
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2.
Change of Terms of Use
o 2.1 Kamtuu Indonesia's Modifications
§ 2.1.1 Kamtuu Indonesia reserves the right, at
its sole discretion, to change or modify any part of this Terms of Use at any
time without prior notice. You should visit this page periodically to review
the current Terms of Use to which you are bound. If Kamtuu Indonesia changes or
modifies this Terms of Use, Kamtuu Indonesia will post the changes to or
modifications of this Terms of Use on this page and will indicate at the bottom
of this page the date on which this Terms of Use was last revised.
§ 2.1.2 Your continued use of the Kamtuu
Indonesia Platform after any such changes or modifications constitutes your
acceptance of the revised Terms of Use. If you do not agree to abide by the
revised Terms of Use, do not use or access or continue to use or access the Kamtuu
Indonesia Platform and/or the Services. It is your responsibility to regularly
check the Kamtuu Indonesia Platform to ascertain if there are any changes to
this Terms of Use and to review such changes.
§ 2.1.3 In addition, when using the Services,
you shall be subject to any additional terms applicable to such Services that
may be posted on the page relating to such Services from time to time, the
privacy policy (the “Privacy Policy”) and the terms and conditions of Kamtuu
Indonesia AI tools (the “Terms and Conditions of Kamtuu Indonesia AI Tools”)
adopted by Kamtuu Indonesia from time to time. All such terms are hereby
expressly incorporated by reference in this Terms of Use.
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3.
Access and Use of the Services
o 3.1 Ownership of Content
§ 3.1.1 This Kamtuu Indonesia Platform, the
domain name (www.kamtuuindonesia.com), subdomains, features, contents and
application services (including without limitation to any mobile application
services) offered periodically by Kamtuu Indonesia in connection therewith are
owned and operated by Kamtuu Indonesia.
o 3.2 Provision and Accessibility of Services
§ 3.2.1 Subject to this Terms of Use, Kamtuu
Indonesia may either offer to provide the Services by itself or on behalf of
the Operators, as described in further detail on the Kamtuu Indonesia Platform.
The Services that have been selected by you on the Kamtuu Indonesia Platform
are solely for your own use, and not for the use or benefit of any third party.
The term "Services" includes but is not limited to the use of
the Kamtuu Indonesia Platform, any Services offered by Kamtuu Indonesia by
itself or on behalf of the Operators on the Kamtuu Indonesia Platform. Kamtuu
Indonesia may change, suspend or discontinue any Services at any time,
including the availability of any feature, database or content. Kamtuu
Indonesia may also impose limits or conditions on certain Services or restrict
your access to any part or all of the Services without notice or liability.
§ 3.2.2 Kamtuu Indonesia does not guarantee that
the Services will always be available or uninterrupted. Kamtuu Indonesia will
not be liable to you if for any reason the Services are unavailable at any time
or for any period. You are responsible for making all arrangements necessary
for you to have access to the Services. You are also responsible for ensuring
that all persons who access the Services through Internet connection are aware
of this Terms of Use and other applicable terms and conditions for the
Services, and that they comply with them.
§ 3.2.3 If you link to the Kamtuu Indonesia Platform,
Kamtuu Indonesia may revoke your rights to so link at any time, at Kamtuu
Indonesia’s sole discretion. Kamtuu Indonesia reserves the right to require
prior written consent before linking to the Kamtuu Indonesia Platform.
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4.
Kamtuu Indonesia
Platform and Content
o 4.1 Use of the Content
§ 4.1.1 All materials displayed or performed on
the Kamtuu Indonesia Platform including but not limited to text, data,
graphics, articles, photographs, images, illustrations, video, audio and other
materials (“Content”) are protected by copyright and/or other
intellectual property rights. This Kamtuu Indonesia Platform and the Content
are intended solely for your personal and non-commercial use of the Services
and may only be used in accordance with Terms of Use. For the avoidance of
doubt, any inputs into and outputs from Kamtuu Indonesia AI Tools do not
constitute “Content”. For more information on Kamtuu Indonesia AI Tools, please
see the Terms and Conditions of Kamtuu Indonesia AI Tools.
§ 4.1.2 If Kamtuu Indonesia agrees to grant you
access to the Kamtuu Indonesia Platform and/or the Content, such access shall
be non-exclusive, non-transferable and limited license to access the Kamtuu
Indonesia Platform in accordance with this Terms and Use. Kamtuu Indonesia may,
at its absolute discretion and at any time, without prior notice to you, amend
or remove or alter the presentation, substance or functionality of any part or
all of the Content from the Kamtuu Indonesia Platform.
§ 4.1.3 You shall abide by all copyright
notices, trademark rules, information, and restrictions contained in the Kamtuu
Indonesia Platform and the Content accessed through the Kamtuu Indonesia Platform,
and shall not use, copy, reproduce, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell or otherwise
exploit for any purposes whatsoever the Kamtuu Indonesia Platform or the
Content or third party submissions or other proprietary rights not owned by you
without the express prior written consent of the respective owners, or in any
way that violates any third party rights.
o 4.2 Kamtuu Indonesia’s Liability for the Kamtuu
Indonesia Platform and Content
§ 4.2.1 Kamtuu Indonesia cannot guarantee the
identity of any other users with whom you may interact with in the course of
using the Kamtuu Indonesia Platform. Kamtuu Indonesia cannot guarantee the
authenticity and accuracy of any content, materials or information which other
users or the Operators may provide. All Content accessed by you using the Kamtuu
Indonesia Platform is at your own risk and you will be solely responsible for
any damage or loss to any party resulting therefrom.
§ 4.2.2 Under no circumstances will Kamtuu
Indonesia be liable in any way for any Content, including but not limited to
any errors or omissions in any Content, or any loss or damage of any kind
incurred in connection with the use of or exposure to any Content posted,
emailed, accessed, transmitted, or otherwise made available via the Kamtuu
Indonesia Platform.
§ 4.2.3 Sort Order We provide sorting and filter
settings for you to adapt the search results to your preferences using criteria
such as availability, price recommendations, Services’ popularity, Services’
reviews or other criteria. We continually optimize the Kamtuu Indonesia Platform
to provide you the best experience and may test different default sort order
algorithms from time to time.
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5.
Intellectual Property Rights
o 5.1 Intellectual Property
§ 5.1.1 All intellectual property rights
subsisting in respect of the Kamtuu Indonesia Platform belong to Kamtuu
Indonesia or have been licensed to Kamtuu Indonesia for use on the Kamtuu
Indonesia Platform. This Kamtuu Indonesia Platform, the Services and the
Content are protected by copyright and other intellectual property rights as
collective works and/or compilations, pursuant to applicable copyright laws,
international conventions, and other intellectual property laws. You undertake
that: (a) You shall not modify, publish, transmit, participate in the transfer
or sale of, reproduce, create derivative works based on, distribute, perform,
display, or in any way exploit, any part of the Kamtuu Indonesia Platform and
the Content, software, materials, or the Services in whole or in part; (b) You
shall only download or copy the Content (and other items displayed on the Kamtuu
Indonesia Platform or related to the Services) for personal and non-commercial
use only, provided that you maintain all copyright and other notices contained
in such Content; and (c) You shall not store any significant portion of any
Content in any form. Copying or storing of any Content other than personal and
non-commercial use is expressly prohibited without prior written permission
from Kamtuu Indonesia or from the copyright holder identified in such Contents
copyright notice.
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6.
User Submissions
o 6.1 Uploading of Information
§ 6.1.1 In the course of accessing the Kamtuu
Indonesia Platform or using the Services, you may provide information which may
be used by Kamtuu Indonesia and/or the Operators in connection with the
Services and which may be visible to other users of the Kamtuu Indonesia Platform.
You understand that by posting information or content on the Kamtuu Indonesia Platform
or otherwise providing content, materials or information to Kamtuu Indonesia and/or
the Operators in connection with the Services (“User Submissions”): (a)
You hereby grant to Kamtuu Indonesia and the Operators a non-exclusive,
worldwide, royalty free, perpetual, irrevocable, sub-licensable and
transferable right to use and fully exploit such User Submissions, including
all related intellectual property rights subsisted thereon, in connection with
providing the Services and operating the Kamtuu Indonesia Platform and Kamtuu
Indonesia’s business, including but not limited to the promotion and
redistribution of part or all of the Services and derivative works thereof in
any media formats and through any media channels; (b) You agree and authorize Kamtuu
Indonesia to use your personal data in accordance with the Privacy Policy in
effect from time to time; (c) You hereby grant each user of the Kamtuu
Indonesia Platform a non-exclusive license to access your User Submissions
through the Kamtuu Indonesia Platform, and to use, modify, reproduce,
distribute, prepare derivative works of, display and perform such User
Submissions as permitted through the functionality of the Kamtuu Indonesia Platform
and under this Terms of Use; (d) You acknowledge and agree that Kamtuu
Indonesia retains the right to reformat, modify, create derivative works of,
excerpt, and translate any User Submissions submitted by you. For clarity, the
foregoing license grant to Kamtuu Indonesia does not affect your ownership of
or right to grant additional non-exclusive licenses to the material in the User
Submissions, unless otherwise agreed in writing; (e) You hereby represent and
warrant that any content in your User Submission (including but not limited to
text, graphics and photographs) do not infringe any applicable laws,
regulations or any third party rights; and (f) That all the User Submissions
publicly posted or privately transmitted through the Kamtuu Indonesia Platform
is the sole responsibility of you and that Kamtuu Indonesia will not be liable
for any errors or omissions in any content.
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7.
Users Representations, Warranties and Undertakings
o 7.1 Use of the Kamtuu Indonesia Platform and
the Services
§ 7.1.1 You represent, warrant and undertake to Kamtuu
Indonesia that you will not provide any User Submissions or otherwise use the Kamtuu
Indonesia Platform or the Services in a manner that: (a) Infringes or violates
the intellectual property rights or proprietary rights, rights of publicity or
privacy, or other rights of any third party; or (b) Violates any law, statute,
ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or
otherwise objectionable; or (d) Involves commercial activities and/or sales
without Kamtuu Indonesia’s prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates
any person or entity, including but not limited to any employee or
representative of Kamtuu Indonesia; or (f) Contains a virus, trojan horse,
worm, time bomb, or other harmful computer code, file, or program.
o 7.2 Removal of User Submissions
§ 7.2.1 Kamtuu Indonesia reserves the right to
remove any User Submissions from this Kamtuu Indonesia Platform at any time,
for any reason including but not limited to, receipt of claims or allegations
from third parties or authorities relating to such User Submission or if Kamtuu
Indonesia is concerned that you may have breached any of the preceding
representations, warranties or undertakings, or for no reason at all.
o 7.3 Responsibility for User Submissions
§ 7.3.1 You remain solely responsible for all
User Submissions that you upload, post, email, transmit, or otherwise
disseminate using, or in connection with, the Kamtuu Indonesia Platform.
§ 7.3.2 You acknowledge and agree that you shall
be solely responsible for your own User Submissions and the consequences of
posting or publishing all of your User Submissions on the Kamtuu Indonesia Platform.
You represent, warrant and undertake to Kamtuu Indonesia that: (a) You own or
have the necessary rights, licenses, consents, releases and/or permissions to
use and authorize Kamtuu Indonesia to use all copyright, trademark or other
proprietary or intellectual property rights in and to any User Submission to
enable inclusion and use thereof as contemplated by the Kamtuu Indonesia Platform
and this Terms of Use; and (b) Neither the User Submissions nor your posting,
uploading, publication, submission or transmittal of the User Submission or Kamtuu
Indonesia’s use of the User Submissions, or any portion thereof, on or through
the Kamtuu Indonesia Platform and/or the Services will infringe, misappropriate
or violate any third party’s patent, copyright, trademark, trade secret, moral
rights or other proprietary or intellectual property rights, or rights of
publicity or privacy, or result in the violation of any applicable law, rule or
regulation.
§ 7.3.3 You are responsible for all of your
activity in connection with using the Kamtuu Indonesia Platform and/or the
Services. You further represent, warrant and undertake to Kamtuu Indonesia that
you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal
activity which may be grounds for termination of your right to access or use
the Kamtuu Indonesia Platform and/or the Services; or (b) sell or resell any
products, services or reservation obtained from or via the Kamtuu Indonesia Platform;
(c) use the Kamtuu Indonesia Platform for commercial or competitive activity or
purposes, or for the purpose of making speculative, false or fraudulent bookings
or any reservations in anticipation of demand; (d) Post or transmit, or cause
to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any other
user of the Kamtuu Indonesia Platform; or (e) Violate the security of any
computer network, crack passwords or security encryption codes, transfer or
store illegal material (including material that may be considered threatening
or obscene), or engage in any kind of illegal activity that is expressly
prohibited; or (f) Run maillist, listserv, or any other form of auto-responder,
or "spam" on the Kamtuu Indonesia Platform, or any processes that run
or are activated while you are not logged on to the Kamtuu Indonesia Platform,
or that otherwise interfere with the proper working of or place an unreasonable
load on the Kamtuu Indonesia Platform’s infrastructure; or (g) Use manual or
automated software, devices, or other processes to "crawl,"
"scrape," or "spider" any page of the Kamtuu Indonesia
Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain
the source code of Kamtuu Indonesia Platform.
§ 7.3.4 You will be responsible for withholding,
filing, and reporting all taxes, duties and other governmental assessments
associated with your activity in connection with using the Kamtuu Indonesia
Platform and/or the Services.
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8.
Registration and Security
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8.1 Opening of the Kamtuu
Indonesia Account
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8.1.1 In the course of
using the Services, you may be required to open and maintain an account with Kamtuu
Indonesia (“Kamtuu Indonesia Account”).
o 8.2 Provision of Personal Information
§ 8.2.1 As a condition to using some aspects of
the Services, you may be required to register with Kamtuu Indonesia and select
a password and user name (“Kamtuu
Indonesia User ID”). If you
are accessing the Services through a Third Party Website or service, Kamtuu
Indonesia may require that your Kamtuu Indonesia User ID be the same as your
user name for such Third Party Website or service.
§ 8.2.2 You shall provide Kamtuu Indonesia with
accurate, complete, and updated registration information. Failure to do so
shall constitute a breach of this Terms of Use, which may result in immediate
termination of your Kamtuu Indonesia Account.
§ 8.2.3 You represent that you shall not: (a)
Select or use as a Kamtuu Indonesia User ID a name of another person with the
intent to impersonate that person; or (b) Use as a Kamtuu Indonesia User ID a
name subject to any rights of a person other than you without appropriate authorization.
§ 8.2.4 Kamtuu Indonesia reserves the right to
refuse registration of or to cancel a Kamtuu Indonesia Account at its sole
discretion. You shall be responsible for maintaining the confidentiality of
your password.
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9.
Reviews - Further correspondence - Rights to User Content
o 9.1. By completing a booking, you agree to
receive confirmation messages (in the form of emails and/or app notifications),
as well as an invitation email(s) or app notification(s) for you to complete
our guest review form which we will send to you after you finish an activity.
Leaving a review is optional. For clarity, the confirmation and guest review
emails are transactional and are not part of the newsletters or marketing
mails, from which you can unsubscribe. The completed guest review may be
uploaded onto the relevant activity page on the Kamtuu Indonesia platform
within 72 hours of the submission for the sole purpose of informing (future)
customers of your opinion of the service (level) and quality of the Activity.
Upon submitting a review, your account may be awarded Kamtuu Indonesia credits,
which may be used towards your next booking subject to terms and conditions.
Each account may only submit one review per activity booked once or multiple
times within the same calendar month. Fraud and abuse will result in the
forfeiture of Kamtuu Indonesia credits. Kamtuu Indonesia further reserves the
right to deduct any credits directly from your Kamtuu Indonesia account without
prior notice.
o 9.2. By posting a review, you grant Kamtuu
Indonesia the full, perpetual, free, transferable and irrevocable rights to all
submitted user content. Kamtuu Indonesia reserves the right to translate, edit,
adjust, refuse or remove reviews at its sole discretion.
o 9.3. You confirm you will comply with these
Guest Review Guidelines. In addition, you represent and warrant that
§ 9.3.1. you own and control all of the rights
to the user content that you post or otherwise distribute, or you otherwise
have the lawful right to post and distribute such user content to or through
the platform;
§ 9.3.2. such content is accurate and not
misleading; and
§ 9.3.3. use and posting or other transmission
of such content does not violate the Terms of Use or any applicable laws and
regulations and will not violate any rights of or cause injury to any person or
entity.
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9.4. Reviews may not
contain obscenities, profanity, inappropriate content, hate speech and
offensive content, promotion of illegal conduct, other people’s personal
information such as names, phone numbers or email addresses, and irrelevant
content such as promotional, invite and reward information. Moreover, reviews
may not defame, abuse, harass, or violate the legal rights of others.
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9.5. You further grant
Kamtuu Indonesia the right to pursue at law any person or entity that violates
your or Kamtuu Indonesia 's rights in the content by a breach of the Terms of
Use. You agree you will be solely responsible for any user content you provide
or submit.
o 9.6. Content submitted by users will be
considered non-confidential and Kamtuu Indonesia is under no obligation to
treat such content as proprietary information. Without limiting the foregoing, Kamtuu
Indonesia reserves the right to use the content as it deems appropriate,
including, without limitation, deleting, editing, modifying, rejecting, or
refusing to post it. Kamtuu Indonesia is under no obligation to offer you any
payment for content that you submit or the opportunity to edit, delete or
otherwise modify content once it has been submitted to Kamtuu Indonesia. Kamtuu
Indonesia shall have no duty to attribute authorship of content to you, and
shall not be obligated to enforce any form of attribution by third parties.
Please refer to the Terms of Use on the Platform for more details.
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10.
Booking Confirmation, Tickets, Vouchers, Fees and Payment
o 10.1 Booking Confirmation
§ 10.1.1 Certain Services are stated to be
subject to instant confirmation. Other than these Services, any required time
for confirmation as stated on the Kamtuu Indonesia Platform is solely for
reference only. Actual time required for confirmation may vary.
o 10.2 Purchase and Use of the Vouchers
§ 10.2.1 Through the Kamtuu Indonesia Platform,
you may purchase vouchers from Kamtuu Indonesia for the Services (“Vouchers”)
offered by the Operators in the various destinations. Subject to the policy of
the relevant Operator, you will receive an email confirmation of your purchase
that will contain a Voucher confirmation number (“Confirmation Number”) and a
printable version of your Voucher.
§ 10.2.2 In order to use your Voucher, you must
appear in person at the meeting point designated by the relevant Operator on
time, and present such documents and/or information as may be required by the
Operator, that may include your Confirmation Number and/or your printed Voucher.
If you fail to appear on time or to provide the required documents or
information, no refunds will be granted.
§ 10.2.3 An Operator may also require you to
provide an identification document bearing your photo in order to use your
Voucher. Neither Kamtuu Indonesia nor the Operator is responsible for lost,
destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if
the relevant Services to be provided are prohibited by law. If you attempt to
use a Voucher in an unlawful manner (e.g., you attempt to use a motorcycle when
you are under the legal age to do so), the respective Operator may refuse to
accept your Voucher, and no refunds will be granted.
o 10.3 Terms of the Vouchers
§ 10.3.1 The Terms of Use for each Voucher may
vary amongst Operators and any restrictions that apply to the use of such
Voucher, including but not limited to a minimum age requirement, will be
conveyed to you at the time of purchase on the Kamtuu Indonesia Platform.
§ 10.3.2 Vouchers are admission tickets to
one-time events ('Events'): the date(s) on which a Voucher can be used will be
stated on the Voucher. If you do not use your Vouchers on or by the date(s)
noted on such Vouchers, except as expressly set forth therein, no refunds will
be granted.
o 10.4 Cancelation of Vouchers
§ 10.4.1 You may cancel your Voucher by
contacting Kamtuu Indonesia customer service within the cancelation period, as
stated at the time of purchase on the Kamtuu Indonesia Platform. Cancelation
windows vary on a case by case basis. A Voucher canceled with the required
notice will be refunded in full to the credit card you used to purchase such
Voucher.
§ 10.4.2 The Operator, not Kamtuu Indonesia, is
the offeror of the Services for the Events, to which the Vouchers correspond
to, and is solely responsible for accepting or rejecting any Voucher you
purchase, as related to all such Services.
§ 10.4.3 Please directly consult with the
Operator if you have any enquiries or complaints in respect of the Service you
received in connection with your Voucher. Except as expressly set forth herein,
all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are
in the currency stated on the Kamtuu Indonesia Platform at the time prior to
purchase.
§ 10.4.4 If an Event which you have purchased a
Voucher for is canceled by the Operator, Kamtuu Indonesia will notify you as
soon as reasonably practicable, and will process a full refund to the credit
card you used to purchase such Voucher.
o 10.5 Required Assistance
§ 10.5.1 If you attempt to use a Voucher in
accordance with this Terms of Use and the additional terms and conditions
applicable to such Voucher and you are unable to do so (due to the fault of the
Operator or otherwise), please contact Kamtuu Indonesia at support@kamtuuindonesia.com,
and Klook will try to liaise with the Operator for an appropriate remedy.
o 10.6 Additional Charges
§ 10.6.1 Kamtuu Indonesia reserves the right to
require payment of fees or charges for any Services offered by Kamtuu Indonesia.
You shall pay all applicable fees or charges, as described on the Kamtuu
Indonesia Platform in connection with such Services selected by you.
o 10.7 Modifications to Charges
§ 10.7.1 Kamtuu Indonesia reserves the right to
change its price list for fees or charges at any time, upon notice to you,
which may be sent to you by email or posted on the Kamtuu Indonesia Platform.
Your use, or continued use, of the Services offered by Kamtuu Indonesia following
such notification constitutes your acceptance of any new or revised fees or
charges.
o 10.8 Kamtuu Indonesia’s Rights and Obligations
§ 10.8.1 Kamtuu Indonesia reserves the right to
deny and cancel bookings or purchases of any Services that are deemed in
violation of this policy. Such a determination is at Kamtuu Indonesia’s sole
discretion.
§ 10.8.2 Kamtuu Indonesia intends to offer or
procure the Operators to offer the Services to you at the best price available
on the market. You acknowledge and agree that all taxes and additional fees for
particular Services that may be payable for using the Services are expressly
excluded in determining the best price.
§ 10.8.3 Whilst the Operators are required to
provide Kamtuu Indonesia with accurate and updated prices of the Services on
the Kamtuu Indonesia Platform, Kamtuu Indonesia cannot guarantee that all
prices for the Services provided by the Operators are accurate and updated at
all times.
o 10.9 The above terms and conditions &
return policies are appliable to all Kamtuu Indonesia users worldwide.
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11.
Discounts
o 11.1 Kamtuu Indonesia Credits and Rewards
§ 11.1.1 Kamtuu Indonesia Credits are points
that are awarded to you and will be accumulated in your Kamtuu Indonesia
Account until expiry. Points are awarded on the actual participated and
unrefunded activities purchased from Kamtuu Indonesia’s platforms, based on the
award program at the time of purchase. Except as otherwise stated, every ten
(10) Kamtuu Indonesia Credits may be used to offset one thousand Indonesian
Rupiah (IDR1000.00) of the total check out price. Conversion into any other
currencies will be calculated based on the exchange rate Kamtuu Indonesia uses
on the date of your purchase offset.
§ 11.1.2 Kamtuu Indonesia Credits may be earned
through the following means and the amount of Kamtuu Indonesia Credit received
may vary with each purchase and is at the sole discretion of Kamtuu Indonesia:
(a) rebates from previous purchases (b) earning through any means authorized by
Kamtuu Indonesia at its sole discretion (c) submission of activity review after
successfully completing any eligible Kamtuu Indonesia activities you purchased
§ 11.1.3 You will only receive Kamtuu Indonesia Credits
for the first ten activities you have reviewed in any calendar month. If you
have completed the same activity more than once in the same month, you will
only receive Kamtuu Indonesia Credits for the first review you have submitted
for that activity.
§ 11.1.4 Any Kamtuu Indonesia Credits that you
earn will expire 365 days from the date on which you earn the credits. All
expired Kamtuu Indonesia Credits will be forfeited and cannot be reinstated. If
any purchase is refunded, your Kamtuu Indonesia Credits will also be adjusted
accordingly.
§ 11.1.5 Booking and delivery fees and charges
are not eligible for earning Kamtuu Indonesia Credits, nor can Kamtuu Indonesia
Credits be used to redeem or deduct booking and delivery fees and charges
o 11.2 Kamtuu Indonesia Coupons
§ 11.2.1 Kamtuu Indonesia Coupons are coupons
with a one-time use and will not be returned if used that will be sent to your
designated email address or applied directly to your Kamtuu Indonesia Account,
which may be used in exchange for discounts of future bookings on the Kamtuu
Indonesia Booking Platform. For the avoidance of doubt, once you have used the Kamtuu
Indonesia Coupons on the Kamtuu Indonesia Booking Platform, such Kamtuu
Indonesia Coupons will not be returned or refunded under any circumstances.
§ 11.2.2 Kamtuu Indonesia Credits may be
attained through the following means: (a) You may receive Kamtuu Indonesia Coupons
through the Kamtuu Indonesia Referral Program, as further elaborated on in Clause
11; or (b) You may receive Kamtuu Indonesia Coupons by other authorized means
as determined at Kamtuu Indonesia’s sole discretion.
o 11.3 Abuse of Discounts
§ 11.3.1 In the event where it has come to Kamtuu
Indonesia’s attention that the Kamtuu Indonesia Credits or Kamtuu Indonesia Coupons
were earned in a fraudulent manner, in a manner that violates this Terms of Use
or in a manner otherwise not intended by Kamtuu Indonesia, Kamtuu Indonesia reserves
the right to the following: (a) Termination of your Kamtuu Indonesia Account
with immediate effect; or (b) Cancelation of all Kamtuu Indonesia Credits or Kamtuu
Indonesia Coupons as previously accrued; or (c) Refusal of the provision of the
Services to you; or (d) Any other measures as deemed appropriate by Kamtuu
Indonesia at its sole discretion.
o 11.4 Kamtuu Indonesia Rewards
§ 11.4.1 By signing up for a Kamtuu Indonesia Account,
you will automatically be a member of the rewards programme (“Member(s)”)
named “Kamtuu Indonesia Rewards” operated by Kamtuu Indonesia (“Rewards
Programme”), if the Rewards Programme is available in your region. As a
Member under the Rewards Programme, you hereby expressly acknowledge to be
bound by this Terms of Use, Privacy Policy and Rewards Programme Terms and
Conditions, as may be amended or modified from time to time at Kamtuu Indonesia’s
sole discretion. Your continued use of the Kamtuu Indonesia Platform after such
amendments or modifications constitutes your acceptance of them
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12.
Kamtuu Indonesia
Referral Program
o 12.1 The Program
§ 12.1.1 On certain Kamtuu Indonesia Sites, Kamtuu
Indonesia may offer members the chance to earn Kamtuu Indonesia Coupons, when
they invite friends to become members of a Kamtuu Indonesia Site and those
friends make a confirmed booking through an authorized Kamtuu Indonesia invitation
channel (“Kamtuu Indonesia Authorized Channel”) (e.g. an invitation sent through
the Kamtuu Indonesia Platform, Facebook or another social media channel as
supported by Kamtuu Indonesia).
o 12.2 Terms
§ 12.2.1 You may only earn Kamtuu Indonesia Coupons
via Kamtuu Indonesia’s authorized member invite mechanisms. Referrals outside
of Kamtuu Indonesia Authorized Channel will not result in any Kamtuu Indonesia
Coupons. You understand that Kamtuu Indonesia Coupons are not transferable, may
not be auctioned, bartered or sold, and may not be pooled with other members.
§ 12.2.2 You will only receive Kamtuu Indonesia Coupons
for the first confirmed booking made by a friend who makes his or her first
booking on the Kamtuu Indonesia Sites and subsequently completes his or her
first booking as a result of an invite from you via a Kamtuu Indonesia Authorized
Channel. If your friend does not follow the directions in the invite email or
other valid invite mechanism to accept the invitation, you may not receive Kamtuu
Indonesia Coupons, and Kamtuu Indonesia will have no liability to you for your
friend’s failure to follow directions.
§ 12.2.3 You agree that having multiple Kamtuu Indonesia
Accounts is a violation of this Terms of Use and that sending invites to
alternate email addresses or accounts or otherwise attempting to circumvent the
Kamtuu Indonesia Referral Program system may, without limiting any of Kamtuu Indonesia’s
other rights or remedies, result in forfeiture of your membership and all Kamtuu
Indonesia Coupons in your Kamtuu Indonesia Account.
§ 12.2.4 You must not conduct your own promotion
in connection with the Kamtuu Indonesia Referral Program. You may not engage in
any promotional, marketing, or other advertising activities on behalf of Kamtuu
Indonesia, including the use of any trademarks of Kamtuu Indonesia.
§ 12.2.5 Kamtuu Indonesia reserves the right to
void referrals and Kamtuu Indonesia Coupons earned if it is suspected that the
referrals or Kamtuu Indonesia Coupons were earned in a fraudulent manner, in a
manner that violates this Terms of Use or in a manner otherwise not intended by
Kamtuu Indonesia.
§ 12.2.6 Kamtuu Indonesia Coupons will be
emailed to your designated email address within 24 hours of one of your
qualifying invitees completing his or her confirmed booking on the Kamtuu Indonesia
Platform
§ 12.2.7 Kamtuu Indonesia reserves the right to
modify the values and rewards of the Kamtuu Indonesia Referral Program based on
each user's activity.
§ 12.2.8 Kamtuu Indonesia Referral Program is
void where prohibited by law. Kamtuu Indonesia reserves the right to modify or
terminate the Kamtuu Indonesia Referral Program at any time. Should there be
any tax liability for the accumulation and/or use of Kamtuu Indonesia Coupons,
such taxes are the sole responsibility of the participant. You understand that
your Kamtuu Indonesia Account may not accurately reflect the Kamtuu Indonesia Coupons
you have actually earned. Kamtuu Indonesia will have no liability for any
errors displayed in your Kamtuu Indonesia Account.
·
13.
Privacy Policy
o 13.1 Privacy Policy
§ 13.1.1 For Kamtuu Indonesia’s policy relating
to its use of your personal data, please review Kamtuu Indonesia’s current
Privacy Policy, which is hereby incorporated by reference to this Terms of Use.
Your acceptance of this Terms of Use constitutes your acceptance and agreement
to be bound by our Privacy Policy.
·
14.
Indemnity
o 14.1 Kamtuu Indonesia’s Indemnification
§ 14.1.1 You will indemnify and hold Kamtuu Indonesia,
our holding companies, subsidiaries, affiliates, officers, directors and
employees harmless from, including but not limited to all damages, liabilities,
settlements, costs and attorney’s fees, claims or demands made by any third
party due to or arising out of your access to the Kamtuu Indonesia Platform,
use of the Kamtuu Indonesia Platform, your violation of this Terms of Use, or
the infringement of any intellectual property or other right of any person or
entity by you or any third party using your Kamtuu Indonesia User ID.
o 14.2 Kamtuu Indonesia’s Involvement
§ 14.2.1 Kamtuu Indonesia may, if necessary,
participate in the defense of any claim or action and any negotiations for
settlement. You will not make any settlement that may adversely affect the
rights or obligations of Kamtuu Indonesia without Kamtuu Indonesia’s prior
written approval. Kamtuu Indonesia reserves the right, at its expense and upon notice
to you to assume exclusive defense and control of any claim or action.
·
15.
Disclaimers and Limitation of Liability
o 15.1 Parties’ Relationship
§ 15.1.1 Kamtuu Indonesia has no special
relationship with or fiduciary duty to you for accessing and using the Kamtuu Indonesia
Platform and the Content. You acknowledge that Kamtuu Indonesia has no control
over, and no duty to take any action regarding: (a) Which users gain access to
this Kamtuu Indonesia Platform; (b) What content you access via the Kamtuu Indonesia
Platform; (c) What effects the Content may have on you; (d) How you may
interpret or use the Content; and (e) What actions you may take as a result of
having been exposed to the Content.
o 15.2 Services and Comments
§ 15.2.1 You acknowledge and agree that the
Operators may offer the Services on the Kamtuu Indonesia Platform, and that
suggestions or recommendations may be given by the Operators or Users of the Kamtuu
Indonesia Platform. Kamtuu Indonesia makes no representations or warranties
regarding the accuracy of descriptions anywhere on the Services, or regarding
suggestions or recommendations of the Services offered or purchased through the
Kamtuu Indonesia Platform.
o 15.3 Exemption of Liability
§ 15.3.1 In no event will Kamtuu Indonesia, the Kamtuu
Indonesia Platform, or any of Kamtuu Indonesia’s holding companies,
subsidiaries, affiliates, officers, directors and/or employees be liable for
any loss of profits or any indirect, consequential, special, incidental, or
punitive damages arising out of, based on, or resulting from: (a) This Kamtuu Indonesia
Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by
you or a third party; or (d) Use of the Kamtuu Indonesia Platform, tools or
Services we provide related to the business we operate on the Kamtuu Indonesia Platform
by you or any third party; or (e) Any actual or attempted communication or
transaction between users, in each case, even if we have been advised of the
possibility of such damages.
§ 15.3.2 These limitations and exclusions apply
without regard to whether the damages arise from: (a) Breach of contract; or
(b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence;
or (f) Any other cause of action, to the maximum extent that such exclusion and
limitations are not prohibited by applicable law.
§ 15.3.3 This Kamtuu Indonesia Platform,
including all content, software, functions, materials and information made
available on or accessed through the Kamtuu Indonesia Platform, is provided on
an "as is" basis. To the fullest extent permissible by applicable
law, Kamtuu Indonesia makes no representations or warranties of any kind,
either express or implied, including but not limited to the content on the Kamtuu
Indonesia Platform or the materials, information and functions made accessible
through the Kamtuu Indonesia Platform, for any of the Services or hypertext
links to third parties or for any breach of security associated with the
transmission of sensitive information through the Kamtuu Indonesia Platform, or
for Operator ability, fitness for a particular purpose, non-infringement, or
that the use of the Services will be uninterrupted or error-free.
§ 15.3.4 You acknowledge and agree that any
transmission to and from the Kamtuu Indonesia Platform is not confidential and
your communications may be read or intercepted by others. You further
acknowledge and agree that by submitting communications to Kamtuu Indonesia and
by posting information on the Kamtuu Indonesia Platform, including holiday
packages and/or activities, no confidential, fiduciary, and contractually
implied or other relationship is created between you and Kamtuu Indonesia other
than pursuant to this Terms of Use.
§ 15.3.5 You acknowledge and agree that you will
not hold or seek to hold Kamtuu Indonesia responsible for the content provided
by any Operator or third party and you further acknowledge and agree that Kamtuu
Indonesia is not a party to any transaction in relation to the Services
provided by any Operator or third party. Kamtuu Indonesia has no control over
and does not guarantee the safety of any transaction, holiday packages and/or
activities or the truth or accuracy of any listing or other content provided by
any Operator or third party on the Kamtuu Indonesia Platform.
o 15.4 Remedies
§ 15.4.1 If you are dissatisfied with the Kamtuu
Indonesia Platform, do not agree with any part of this Terms of Use, or have
any other dispute or claim with or against Kamtuu Indonesia or another user of
the Kamtuu Indonesia Platform with respect to this Terms of Use or this Kamtuu Indonesia
Platform, your sole and exclusive remedy against Kamtuu Indonesia is to
discontinue use of the Kamtuu Indonesia Platform.
§ 15.4.2 In any event, to the fullest extent
permissible by the applicable law, Kamtuu Indonesia’s liability, and the
liability of any member of Kamtuu Indonesia, to you or any third party in any
circumstance arising out of or in connection with the Kamtuu Indonesia Platform
is limited to the greater of: (a) The amount of fees you paid to Kamtuu Indonesia
in the twelve months prior to the action giving rise to liability; or (b) Indonesian
Rupiah 5.000.000,00 in the aggregate for all claims.
·
16.
Interaction with Third Parties
o 16.1 Links to Third Party Websites
§ 16.1.1 This Kamtuu Indonesia Platform may
contain links to third party websites or services (“Third Party Websites”) that
are not owned or controlled by Kamtuu Indonesia, or the Services may be
accessible by logging in through a Third Party Website. Links to Third Party
Websites do not constitute an endorsement or recommendation by Kamtuu Indonesia
of such Third Party Websites or the information, products, advertising or other
materials available on those Third Party Websites.
§ 16.1.2 When you access Third Party Websites,
you do so at your own risk. You hereby represent and warrant that you have read
and agree to be bound by all applicable policies of any Third Party Websites
relating to your use of the Services and that you will act in accordance with
those policies, in addition to your obligations under this Terms of Use.
§ 16.1.3 Kamtuu Indonesia has no control over,
and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any Third Party Websites. In addition, Kamtuu
Indonesia will not and cannot monitor, verify, censor or edit the content of
any Third Party Website. By using the Services, you expressly relieve and hold Kamtuu
Indonesia harmless from any and all liability arising from your use of any
Third Party Website.
§ 16.1.4 Your interactions with organizations
and/or individuals found on or through the Services including but not limited
to the Operators, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
§ 16.1.5 You should conduct whatever
investigation you feel necessary or appropriate before proceeding with any
online or offline transaction with any of these third parties.
o 16.2 Kamtuu Indonesia’s Responsibility
§ 16.2.1 You agree that Kamtuu Indonesia shall
not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute between participants on this
site, or between users and any third party, you understand and agree that Kamtuu
Indonesia is under no obligation to become involved. In the event that you have
a dispute with one or more other users or third parties, you hereby release Kamtuu
Indonesia, its holding companies, subsidiaries, officers, directors, employees,
agents, and successors in rights from claims, demands, and damages (actual and
consequential) of every kind or nature, known or unknown, suspected or
unsuspected, disclosed or undisclosed, arising out of or in any way related to
such disputes.
·
17.
Payment
o 17.1 In order to ensure adequate operational
support for customers in respect of refunds and cancelations (where
applicable), PT Kamtuu Wisata Indonesia shall be responsible for all transactions
conducted.
·
18.
Termination
o 18.1 Termination by Kamtuu Indonesia
§ 18.1.1 This Terms of Use shall remain in full
force and effect while you use Kamtuu Indonesia Platforms or the Services. Kamtuu
Indonesia may terminate or suspend your access to the Services or your
membership at any time, for any reason, and without notice, which may result in
the forfeiture and destruction of all information associated with your
membership. Kamtuu Indonesia may also terminate or suspend any and all Services
and access to the Kamtuu Indonesia Platform immediately, without prior notice
or liability, if you breach any of the terms or conditions of this Terms of
Use.
o 18.2 Effects of Termination
§ 18.2.1 Upon termination of your Kamtuu Indonesia
Account, your right to use the Services, access the Kamtuu Indonesia Platform,
and any Content will immediately cease. All provisions of this Terms of Use
which, by their nature, should survive termination, shall survive termination,
including but not limited to ownership provisions, warranty disclaimers, and
limitations of liability.
§ 18.2.2 If this Terms of Use is terminated as a
result of your breach, Kamtuu Indonesia reserves the right to cancel any outstanding
Vouchers you may have purchased prior to said termination, without refund or
liability to you.
·
19.
Passports, Visas, Documents, Licenses & Insurances
o 19.1 Your Responsibilities
§ 19.1.1 It is the responsibility of all
passengers, regardless of nationality and destination, to check with the
consulate of the Republic of Indonesia for current entry requirements.
§ 19.1.2 As visa and health requirements are
subject to changes without notice, Kamtuu Indonesia recommends that you verify
health and visa requirements with the nearest consulate of the Republic of
Indonesia in your country prior to departure.
§ 19.1.3 You acknowledge that some Operators may
require you to adhere to local policies and furnish the necessary documents
and/or licenses as a prerequisite to using and/or participating in the Services
they offer.
§ 19.1.4 Kamtuu Indonesia strongly recommends
that you purchase a comprehensive travel insurance policy prior to departure.
·
20.
Governing Law
o 20.1 This Terms of Use shall be governed by
the laws of the Republic of Indonesia. You agree to submit to the exclusive
jurisdiction of the Indonesian court.
·
21.
Miscellaneous
o 21.1 Severability
§ 21.1.1 If any provision of this Terms of Use
is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Terms of Use shall
otherwise remain in full force and effect and enforceable.
o 21.2 Assignment
§ 21.2.1 This Terms of Use is not assignable,
transferable or sub-licensable by you except with Kamtuu Indonesia’s prior written
consent. Kamtuu Indonesia may transfer, assign or delegate this Terms of Use
and its rights and obligations without prior notice to you.
o 21.3 The Terms of Use have been drafted, and
shall be construed, in the English language. Any translation of the Terms of
Use is solely for reference only. In the event of inconsistency between the
English language version and a translated version, the English language version
of the Terms of Use shall always prevail.
·
22.
Contact
o 22.1 Please contact Kamtuu Indonesia at support@kamtuuindonesia.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.