Legal- Terms

Term of Use

By downloading, installing, and/or using the Ayopgi website, emails, Ayopgi Service Platform, or any applications (including mobile applications) made available by Ayopgi (collectively, “Platform”), you agree to be bound by these terms of use (“Terms of Use”). The Platform is owned or controlled by PT Ayo Pgi Indonesia (“Ayopgi”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Platform. Ayopgi may change the Terms of Use and other guidelines and rules posted on the Platform from time to time at its sole discretion. Ayopgi will use reasonable efforts to notify you of any material changes to any of the Terms of Use, but your continued access or use of the Platform constitutes your acceptance of the changes. Your access and use of the Platform will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Platform at the time of such use. Please regularly check the Term of Use to read the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Platform automatically terminates.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to the Terms of Use. In those cases, the terms specific to the special feature control to the extend there is a conflict with the Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AYOPGI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

PT Ayo Pgi Indonesia is a technology company established under the laws of the Republic of Indonesia.
The Platform is intended to allow you, the user, to gather travel information, share personal travel information, determine the availability of travel-related goods and services, secure reservations, facilitate transactions with travel suppliers and other travelers, and to otherwise assist in the planning and execution of travel. You understand that a significant portion of Ayopgi’s business is facilitating transactions with third parties, and your rights and obligations with respect to such third party transactions, along with Ayopgi’s role therein, are addressed in the Terms of Use.
Ayopgi may block, restrict, disable, suspend or terminate your access to all or part of Platform, Products, Materials and Services at any time in Ayopgi’s sole discretion, without prior notice or liability to you
Ayopgi makes the Platform, Products and Materials available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Platform and further subject to these Terms of Use. Your rights in the Platform, Products and Materials are limited solely to those rights expressly granted to you herein. “Materials” means all information, data, documents (e.g technical information publications, datasheets, product updates, etc), communications, downloads, files, text, images, photographs, graphics, videos, webcast, publications, content, tools, resources, software, code, patches, advertising materials, promotional materials, social media contents, contest materials, pricing information and programs, made available or enabled visa the Platform by Ayopgi. “Services” means all services and resources offered, made available or enabled via the Platform by Ayopgi, or third party service providers featured on the Platform, including any software and software-as-a-service made available on the Platform. “Products” means all products and goods offered, made available, advertised, sold or enabled via the Platform by Ayopgi or third party product providers featured on the Platform. Ayopgi hereby grants to you, the user a limited, revocable, non-exclusive right and license to access the Platform, Materials and Services, made available on the Platform, along with any other content and services made available thereon, solely for (a) your personal use in connection with your travel needs, or (b) any other purpose clearly stated on the Platform or in the Terms of Use, all in accordance with these Terms of Use or as otherwise authorized by Ayopgi in writing.
Ayopgi attempts to ensure that the Products, Materials, Services and other information featured on this Platform are complete accurate and current. Despite these effort, the Products, Materials, Services and other information contained on this Platform may occasionally be inaccurate, incomplete or out of date. Ayopgi makes no representations as to the completeness or accuracy of Products, Materials, Sources and other information, advice or recommendations made available on this Platform, nor does it make any representations or warranties as to the quality or safety of any Products, Services, Materials or third party products or services offered or made available via the Platform.
TO CLARIFY ANY DOUBT, AYOPGI IS A TECHNOLOGY COMPANY, NOT A TOURISM COMPANY, TOUR AGENCY OR TRAVEL AGENCY.

Using the Platform

To access or use the Platform, you must be at least 18 years old or have the requisite power and authority to enter into these Terms. You may not access or use the Platform if you are a competitor of Ayopgi or if Ayopgi have previously banned you from the Platform or closed your account.
Ayopgi grant you permission to use the Platform subject to the restrictions in these Terms. Your use of the Platform is at your own risk, including the risk that you might be exposed to Content (defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must register for the Platform in order to access certain Services or Materials, to purchase Products, to receive advertising information, or to access certain content offered on the Platform.
You must complete the designated registration process for the Services or Materials to establish an account in connection with a particular Services or Materials.
All information you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. You are also responsible to keep your user name, password and other sensitive information confidential. In case of any unauthorized usage of your account or any other breach of security, you must notify Ayopgi immediately.
As part of the rights granted to you, the user hereunder, you may invite friends to register for the Platform, import your contacts and request that such contacts be contacted by Ayopgi for registration on the Platform, or create accounts for your contacts to access the Platform and certain features thereof.
You must not create accounts with the Platform through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must provide all of the information requested by Ayopgi in order to complete the registration process and you are responsible for keeping your account & password secret and secure.
By creating an account in the Platform, you agree to receive certain communications in connection with the Platform. For example, you might receive push notification about certain updates in travel activities, friend requests or approves from Ayopgi users.
You agree that you will not solicit, collect or use the login credentials of other Ayopgi users.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Platform, including, without limitation, your or any other person’s credit card information, social security, passport, or alternate national identity information, non-public phone numbers or non-public email addresses.
You are solely responsible for your conduct and any data, text, files, information, usernames, password, images, graphics, photos, profiles, itinerary, travel information, applications, audio and video clips, sounds, works of authorship, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Platform.
You may not use the Platform for any illegal or unauthorized purpose. You agree to comply with all the laws, rules, and regulations applicable to your use of the Platform and your Content, including but not limited to, copyright laws.
You may not post or contribute any name, material, opinion or information that is child pornography, defamatory, violent, nude, partially nude, discriminatory, infringing, pornographic, hateful, unlawful, racist or otherwise objectionable content via the Platform.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (aka “spam”) to any Ayopgi users and transmit unsolicited or bulk communications to any Ayopgi affiliated e-mail address.
You must not remove or falsely add to any Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
You cannot access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Platform or Services.
You must not use the Platform, Products, Services or any Materials in any manner that infringes any Intellectual Property rights or other rights of any party.
You must not access or use the Platform in any manner that could damage, disable, overburden or impair any Ayopgi server or the network(s) connected to any Ayopgi server, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive nature. You may not inject content or code or otherwise alter or interfere with the may any Ayopgi page is rendered or displayed in the user’s browser or device.
You cannot prepare compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
You must not use any Ayopgi domain names or web URLs as a pseudonymous return e-mail address or your username.
You may not attempt to disrupt, interfere with or inhibit any other user from using the Platform and you must not encourage or facilitate violations of these Terms of Use or any other Ayopgi terms.
Ayopgi, in its sole discretion, may (but has no obligation to) monitor or review the Platform, Materials, and Services at any time. Violation of these Terms of Use may, in Ayopgi’s sole discretion, result in termination of your Ayopgi account. You understand and agree that Ayopgi cannot and will not be responsible for the Content posted on the Platform and you use the Platform at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Ayopgi, we can stop providing all or part of the Platform to you.
Should Ayopgi need to contact you, you agree that Ayopgi may do so via electronic means, including but not limited to communications posted on this Platform or electronic mail.

Intellectual Property Rights

Except as expressly provided herein, the Platform, Products, Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “IP Rights”), and any unauthorized use of the same may violate such laws and the Terms of Use.
Ayopgi do not grant any express or implied right to use the Products, Materials and Services.
You agree not to copy, republish, reformat, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform, Products, Materials or Services, or the selection and arrangement of the Platform, Products, Materials or Services, except as expressly authorized herein.
You agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Platform, Products, Materials or Services, or to otherwise take any action that may infringe on the IP Rights of Ayopgi.
You acknowledge that the trademarks, service marks, logos, and URLs (collectively, “Marks”) displayed on the Platform are the property of Ayopgi, its licensors or other third parties. You are not permitted to use any Marks without the prior written consent of Ayopgi, its licensors or such third party that may own the Marks.

Subscriptions/Orders of Services and Products

If you want to purchase or subscribe to certain Products or Services made available via the Platform (each purchase, a “Transaction”), you may require to input certain information relevant to your Transaction including, without limitation, your credit card number, your expiration date of the credit card, your billing address, and your shipping information. Each Transaction shall be subject to Ayopgi’s then-current payment and purchase terms, which are set forth on the Platform or communicated to you by Ayopgi prior to the transaction, and may be revised by Ayopgi from time to time.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHTS TO USE ANY CREDIT CARDS(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such personal information, you acknowledge that the information may be submitted to third parties for purposes of facilitating the completion of the Transactions initiated by you or on your behalf, and to otherwise handle such information in accordance with Ayopgi’s Privacy Policy.
You acknowledge that Ayopgi may facilitate certain transactions with third party vendors through your use of the Platform or Service. Thus, any purchase/order that you ultimately make with such third party vendor will be between you and such vendor and Ayopgi will have no liability, and you hereby release Ayopgi from all liability, with respect to such transaction.
You represent and warrant that all payment information you entered, including any credit card information will be accurate and up to date, and you might be required to verify the information you entered prior to the completion of any Transaction.
Ayopgi maintains the right to withhold any payment otherwise due to you and to set off such amount against any amount that you may own or that is attributable to your use of inaccurate or fraudulent payment information, and you will remain responsible and liable for any collection costs Ayopgi incurs to collect such amounts from you, the user.
You are responsible to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, use, possession and sale of any item or service purchased/ordered from or subscribed to or made available via the Platform. By subscribing to a particular Product, or Service, you represent that such Product or Service ordered/purchased will be used in lawful manner. Ayopgi reserves the exclusive right, with or without prior notice, to do any one or more of the following: (a) discontinue any Product, Service or Materials; (b) impose conditions on the honoring of any coupon, coupon code, promotional code, or other promotion; (c) bar any user from making or completing any Transaction(s); and (d) refuse to provide any user with any Product, Service or Materials.
You agree to pay all charges that may be incurred by you or on your behalf through the Platform at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and all taxes that may be applicable to your Transactions.

Platform Contributions by User 

The Platform may allow you, the user to contribute or provide content or other information to the Platform.
For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, audio, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on the Platform (“Use Content”), you grant Ayopgi and the users of the Platform an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, public perform, copy, edit, modify, translate, reformat, transmit and distribute such User Content, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution.
You agree and acknowledge that Ayopgi shall not be liable for any damages arising out of or related to your own User Content and that you represent and warrant that you own all right, title and interest in and to all of your User Content that you post, own, control or have received the necessary licenses or other rights to, contribute such User Content to the Platform. You agree not to disclose any sensitive Personal Information (Refer to Ayopgi Privacy Policy) as part of User Content. You also represent and warrant that you are the copyright owner of any photographs you make available via the Platform, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Platform and to otherwise grant the rights addressed herein.
In some instances, your User Content may include trip itinerary information, and Ayopgi might ask your permission to seek such information and provide access to such information to third parties.
PLEASE NOTE THAT YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ALL OF YOU USER CONTENT.
You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Content from or by others and Ayopgi do not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes/submits as part of a User Content.
You acknowledge and agree that by using or accessing the Platform, you might be exposed to material from others that you may find objectionable and Ayopgi shall not be liable for any actions or inactions resulting from or related ato any User Content made on the Platform.
You acknowledge and agree that User Content does not necessarily reflect the opinion of Ayopgi. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies your User Content, nor do we guarantee any confidentiality with respect to your User Content.

Third Parties

The Platform may include links to other websites or applications (each, a “Third Party Site”). Ayopgi do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. You further acknowledge and agree that Ayopgi is not responsible for any form of transmission received from any Third Party Site
The Platform may include other Third Party API (“API”) in creation of the Platform. These API is the proprietary and copyrighted work of Google Inc., Firebase, Chameleon
Some of the services made available through the Platform may be subject to additional third party or open source licensing terms and disclosures, including the ones posted below and incorporated herein by reference.
Some Third Party Content, including some of the business listing information, photos and font on the Platform, is the proprietary and copyrighted work of Yelp, Google, Facebook and FontAwesome. You may not distribute, sell rent, sublicense, or lease such Third Party Content, in whole or part to any third party; and you may not use it for any other purpose other than your personal non-commercial use.
Some of the Third Party Content are powered by Yelp Inc., the use of which is also governed by the terms of use located at https://www.yelp.com/static?p=thirdpartyterms (or such other URL as may be updated by Yelp Inc.).
Some of the Platform’s mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at https://www.google.com/help/terms_maps.html & https://www.google.com/policies/terms/ (or such other URL as may be updated by Google Inc.).
The Platform may be linked to Facebook and the use of which is also governed by the term of use located at https://www.facebook.com/terms (or such other URL as may be updated by Facebook Inc.).
The Platform uses third party fully open sourced font licensed from Font Awesome and the use of which is also governed by the term of use located at https://cdn.fontawesome.com/tos (or such other URL as may be updated by Font Awesome Inc.).
The Platform currently uses Firebase/FirebaseUI to support the database and the use of which is also governed by the term of use located at https://firebase.google.com/terms/ (or such other URL as may be updated by Google Inc.).
The Platform uses Helpshift for its feedback solution and the use of which is also governed by the term of use located at https://www.helpshift.com/terms/ (or such other URL as may be updated by Helpshift).
The Platform uses Realm to improve functionality and the use of which is also governed by the term of use located at https://realm.io/legal/ (or such other URL as may be updated by Realm).
The Platform uses Fabric.io and its “Answer Kit” for its analytics and the use of which is also governed by the term of use located at https://fabric.io/terms?locale=en-us&utm_campaign=fabric-marketing&utm_medium=natural and https://answers.io/img/terms.pdf (or such other URL as may be updated by Fabric).

We advice users to read the term of use of the third parties before using our Platform.

Claims of Copyright Infringement

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the allegedly infringing content, and information reasonably sufficient to permit Ayopgi to locate it on the Platform, such as a link to the infringing material.
Your contact information (Address, Telephone number and, if available, email address)
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party in authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send Ayopgi a written counter-notice with the following information.

A clear Identification of the copyrighted or trademarked work that was removed, and the location on the Platform where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a “good faith belief that the content was removed as a result of a mistake or misidentification.” For trademark dispute only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
A statement that you consent to the jurisdiction of any judicial district in which Ayopgi is located if you live outside the Republic of Indonesia. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Ayopgi, or an agent of such person;
Your contact information (Address, Telephone number and, if available, email address)
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to the infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account or any user’s access to the Platform if the user is determined to be a repeat infringer.

Below is our contact information.

PT. Ayo Pgi Indonesia
Menara Imperium Lt. 12 C Kav. 1 Kuningan
Jln. HR. Rasuna Said RT.01/RW.06
Kel. Guntur, Kec. Setiabudi
Jakarta Selatan 12980
Email: Feedback@ayopgi.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that you may be liable for damages if you make a false claim of copyright infringement.

INDEMNITY

You agree to indemnify, defend, and hold Ayopgi, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, partners, and the officers, directors, employees, agents and representatives of each of them (collectively, “Ayopgi Entities”) harmless, including cost, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to:

Your access to or use of the Platform
Your violation of the Terms,
Any Products or Services purchased or obtained by you in connection with the Platform
The infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Ayopgi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Ayopgi. Ayopgi will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Warranties and Disclaimers

ALL CONTENT, INCLUDING SOFTWARE, MATERIALS, PRODUCTS, SERVICES, MATERIALS, INFORMATION, TEXT, AUDIO AND RELATED GRAPHICS CONTENT ARE PROVIDED BY AYOPGI “AS IS”, ‘WITH ALL FAULTS’ AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE AYOPGI ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AYOPGI ENTITIES MAKES NORESERVATION OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE, AYOPFI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AYOPGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS PLATFORM WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AYOPGI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS PLATFORM FOR ANY PURPOSE, INCLUDING, SOFTWARE, MATERIALS, PRODUCTS, SERVICES, INFORMATION, TEXT, AUDIO AND RELATED GRAPHICS CONTENT.
AYOPGI ENTITIES IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDER OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
AYOPGI ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS BUSINESSES, ADVERTISERS OR USER CONTENT LISTED ON THE PLATFORM. ACCORDINGLY, AYOPGI ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE ANY NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES, ADVERTISERS OR USER CONTENT LISTED OR FEATURED ON THE PLATFORM. YOU PURCHASE AND USE OF PRODUCTS, SERVICES OR MATERIAL OFFERED BY THIRD PARTIES THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PLATFORM, RELATED SERVICES, OR ANY OTHER GRIEVANCE SALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE PLATFORM.

Limitation of Liability

IN NO EVENT SHALL AYOPGI, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHER INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE PLATFORM, AND ITS CONTENTS (COLLECTIVELY, “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR TAMPETING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE PLATFORM OR ANY INFORMATION, SOFTWARES, PRODUCTS, SERVICES, MATERIALS, USER CONTENT OBTAINED THROUGH THE PLATFORM; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS PLATFORM; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS PLATFORM, ANY SITE OR THIRD PARTY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, ANY DELAY OR INABILITY TO USE THE PLATFORM, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PLATFORM. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORO, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN ADDITION, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. ALL USER CONTENT ARE CREATED BY USER AND THE USERS ARE INDEPENDENT INDIVIDUALS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CUASES BEYOND THE COVERED PARTIES’ CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUNTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

NO COVERED PARTY SHALL BE RESPONSIBLE FOR ANY TRAVEL SERVICE PROVIDER’S BREACH OF ANY WARRANTY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, NOR SHALL ANY COVERED PARTY BE RESPONSIBLE FOR ANY OTHER WRONGDOING OF A TRAVEL SERVICE PROVIDER (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THE PLATFORM. NO COVERED PARTY SHALL BE RESPONSIBLE FOR ANY TRAVEL SERVICE PROVIDER’S FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY TRAVEL SERVICE PROVIDER’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAW.

Governing Law and Jurisdiction

The Terms of Use are governed by and to be construed under the laws of the Republic of Indonesia. Any and all disputes arising from the use of our services shall be governed by the exclusive jurisdiction of the South Jakarta District Court.