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TERMS and CONDITIONS

TERMS & CONDITIONS

TERMS AND CONDITIONS

Welcome to the Waterbom Bali website (The Site) owned and operated by PT Bali Ocean Magic (Waterbom), The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the Agreement).

Your use of the Site constitutes your agreement to follow and be bound by the Agreement. Waterbom reserves the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site.

SITE TRANSACTIONS

Waterbom reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

RIGHT TO CHANGE SITES

Waterbom reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

SITE CONTENTS- COPYRIGHT AND OWNERSHIP

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade secrets, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Waterbom.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Unless otherwise specified, the Sites and the Contents are intended to promote Waterbom’s products and services available in Indonesia. The Sites are controlled and operated by Waterbom.

NOTICE OF FILMING OR RECORDING

I understand that I may be photographed, filmed, or otherwise recorded at Waterbom Bali. I agree that all photographs, audio recordings, and video footage taken of me while at Waterbom Bali, and any derivative works (“Recordings”), will be the sole property of Waterbom Bali and it’s affiliates and subsidiaries. As the owner of the Recordings, Waterbom Bali has the unconditional, irrevocable right (exercisable by Waterbom Bali or by third parties on Waterbom Bali’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize Waterbom Bali to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by Waterbom Bali.

MY SOCIAL MEDIA POSTS

As between me and Waterbom Bali, I retain ownership of any photographs, text, audio recordings or video footage depicting or relating to Waterbom Bali that I may create (the “Waterbom Bali Media”), unless otherwise agreed by me and Waterbom Bali. If I post any Waterbom Bali Content to any social media channel, I hereby grant to Waterbom Bali and its affiliates the right to re-post, share, publish, promote and distribute Waterbom Bali Media via such social media channel and via websites associated with Waterbom Bali or Aqua Mondo (including my name, voice and likeness and any other aspects of my persona as depicted in Waterbom Bali Media), in perpetuity. I understand that I will not be entitled to any compensation from the Waterbom Bali, its affiliates or their respective vendors in connection with the same.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

Waterbom is pleased to hear from users and welcomes your comments regarding our products and services. Waterbom’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Waterbom’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Waterbom may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Waterbom. Waterbom is 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. Waterbom has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Waterbom or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Waterbom takes no responsibility and assumes no liability for any Comments posted by you or any third party.

PERSONAL INFORMATION SUBMITTED THROUGH THE SITES

Your submission of personal information through the Sites is governed by our privacy policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

LINKS TO OTHER WEB SITES AND SERVICES

The Site may contain links to other Web sites that are not under the control of Waterbom. Waterbom has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.

DISCLAIMER

The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Waterbom expressly disclaims any duty to update or revise the materials on the Site, although Waterbom may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Waterbom shall not be liable for any damages of any kind related to your use of the Sites.

INDEMNIFICATION

You agree to defend, indemnify and hold Waterbom harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

DISPUTE RESOLUTION FOR CONSUMER ORDERS

Both you and Waterbom agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (”Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Waterbom at: Jl. Kartika Plaza P.O. Box 1055, Tuban, Kuta, Bali, 80361

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Waterbom agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to making any claim against the other party.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Indonesia

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Waterbom’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. 

TERMINATION

These terms are effective unless and until terminated by either you or Waterbom. You may terminate this Agreement at any time. Waterbom also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

To receive a full copy of our terms and conditions in English please email us [email protected]