Terms & Conditions
Welcome to the Blublub site and application, thank You for using and accessing the Blublub service, site and/ or application. The terms and conditions listed on this page (“Terms and Conditions”) manage Your access to the site www.blublub.co, sites and other applications developed by Us (“Sites”) and usage of all the features in it (“Features”) by PT Biru Indah Utama (“Blublub” “We“, “Our” or “Us”).
By accessing Sites, You represent that You have read, understood and agreed to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, You are not permitted to access ites or use Features. These Terms and Conditions may be considered as a master agreement which is a reference to set other Terms and Conditions including but not limited to Privacy Policies or Vendor Terms and Conditions, and by binding to these Terms and Conditions, You represent to subject to the derivatives of these Terms and Conditions. The invalidation of other Terms and Conditions shall not cause these Terms and Conditions to become illegal, invalid, and/ or not applicable.
By agreeing to this Terms and Conditions, You are deemed competent according to Indonesian law and other laws in the applicable jurisdiction If You do not have legal competence, You may access Sites and/ or use Features accompanied by someone who is deemed capable of carrying out legal actions. If You act as an employee, agent, or proxy and act for and on behalf of other individuals, organizations, business entities, legal entities, or other agencies, You hereby represent and warrant that You are an authorized party to represent that party, in which these Terms and Conditions shall bind the party You represent.. If You do not have legal competence (including but not limited to persons who are immature, those who are under the guardianship, or unauthorized representatives), then You are fully responsible for everything You do in Sites, including but not limited to activities that You do with other parties who use Sites.
1.1 Activity means tourism activity in the diving sector, snorkeling, service related to diving, including but not limited to accommodation service, transportation service, and other supporting services as far as relevant to the diving activity provided by the Vendor and displayed within the Information Page.
1.2 You mean any party who accesses Sites and/or uses the Features contained therein, including but not limited to every visitor, Users, and Vendor.
1.3 Personal Data means any data which concerns identity, contact, profile, behavior within the Sites and data related to Your personal information which can be identified directly and/or indirectly.
1.4 Information Page means a page in the Sites where Vendor displays various kinds of information and policy regarding the Activity provided.
1.5 Business Day means days, excluding Saturday, Sunday, public holiday, and other days established by the Government of Indonesia as holidays, whereas Bank operates commercially.
1.6 Applicable Law means any national, provincial, municipal or other law, agency regulations, judgement, constitutions, decisions, rules, binding government policies, and statutes in the Republic of Indonesia.
1.7 Activity Booking means Activity booking made by the Users to Vendor through Sites.
1.8 Users means any person who makes Activity Booking to Vendor through Sites.
1.9 Resolution Centre means a facility that We provided to function as a reporting media which You may use to resolve disputes arising from Activity.
Vendor means any individual, business entity or legal entity which conducts Activity as displayed on the Information Page
2.1 PT Biru Indah Utama is a limited liability company that creates, manages, and develops Sites which refers to the www.blublub.co and application or other sites named Blublub which developed by Us from time to time that functions as a marketplace to act an intermediary platform for Users and Vendor, which provide access for Activity Booking so Users may perform Activity in a convenient manner.
2.2 In this aspect, We connect Users and Vendor through Sites, so any transaction and loss arising from transaction and field performance are borne by Users and Vendors respectively.
2.3 You need to understand that We do not operate under any circumstances to be considered a representative or proxies of the Vendor and only function as a marketplace. Therefore, before making an Activity Booking, You are advised to read all the information and terms and conditions listed on the Vendor profile as well as the Information Page of the Activity to be selected.
2.4 We reserve the right at any time to change, delete, reduce, add and / or update the features contained on the Site. Your continued use of the Site will be deemed as approval of changes, deletions, subtractions, additions and / or updates on the Feature.
3. Account and Profile Provisions
3.1 You may choose the Activity that You want to buy, see further information provided by the Vendor about the Activity, and place a booking on the Activity by first registering Yourself in Our system by creating an account first so that You are registered as a member / User (“Account” ) or by giving Us permission to access and use Your data and information from third party services, such as but not limited to Google Accounts and / or Facebook, to the extent permitted under the conditions set by these third parties, and to store log-in credentials to facilitate You repeatedly access the Application. You need to understand that if the data on the account that You use comes from third-party services, then You are required to provide additional information requested by Us, including information related to diving permits that You have and diving experience that You have, and We may set restrictions on the Features that You can use on the Site.
3.2 You hereby declare that You are a legally competent person and are able to enter into a legal agreement.
3.3 If You register as a User, You must complete Your personal data completely and honestly on the Account page, including but not limited to full name, Resident Card number, telephone number, email address, and emergency contact that can be contacted. We are not responsible for the consequences that occur if there is information that is incorrect, inaccurate, or misleading regarding the personal data that You put on the account that causes loss to third parties.
3.4 In the event that Your account is registered on the site, You cannot register a new account using the same personal data as Your registered account.
3.5 You can make changes to any information or data on Your account at any time while still subject to the terms and procedures set out by Us.
3.6 We, on Our sole authority, can suspend Your account and / or delete Your account, which will result in You being unable to access Your account temporarily or permanently for alleged violations of the User Terms and Conditions, Vendor Terms and Conditions, and / or Applicable Laws without advance notice or information to You. After We suspend an account and / or delete an account, We will notify You of this via email along with the reasons for the suspension and / or deletion of the account. We will restore your account to its original state if You have corrected Your mistakes and You understand that all losses suffered by You during the suspension of Your account are Your full responsibility.
3.7 You are responsible for the security of the Account including Your use of email and password as well as verification codes generated and sent by Our system or the third party system that We designate. Therefore, You hereby declare that We are not responsible for any losses or obstacles arising from the misuse of Your account due to your negligence or mistakes. If there is an indication of abuse on Your account, We can only help You to check, suspend, or terminate the access to Your account after You notify Us about it through Our contact feature on the Site or other communication facilities that We provide from time to time.
3.8 Based on the Account that You created, We will create a profile page that contains the data and information that You have provided. You can make changes or updates to Your data and information through this page. You need to know that the information contained on Your profile page can be seen by other users.
4. Activity Selection
4.1 On the Site, Users can choose Activities according to User preferences, including but not limited to Activity types; the time and duration of the Activity, the price of the Activity, the additional services offered, packages offered, the terms of organizing the Activity, and other information displayed by the Vendor.
4.2 Based on the preferences the User chooses on the Site and Features, We will display Activities that are in accordance with User preferences. The User understands that the display is based on the preferences that the User chooses and cannot be considered as a recommendation and We are not under any circumstances acting on behalf of or representing the Vendor. Therefore, Users are fully responsible for the Activities selected through the Site.
5. Activities Booking and Slot Availability
5.1 Before the User makes an Activity Booking through the Information Page contained on the Site, the User is recommended to read and understand all information that is listed by the Vendor on the Information Page about the Activity being organized, specifically regarding the requirements or conditions that must be met in order to be able to carry out the Activity. Activities offered include but are not limited to:
a. Daily diving;
b. Diving package;
d. Snorkeling; and
e. Other additional activities that can be updated from time to time.
The User understands that in the event that the requirements stated on the Information Page are not fulfilled, the Vendor has the right to decide not to hold Activities for Users.
5.2 Apart from the Activities displayed on the Information Page, Users can also customize, in the form of compiling the details of the Activities that the User wants to carry out. By making such customizations on the Site, the User is deemed to submit a request to obtain an offer letter from the Vendor. The User understands that We cannot ensure that any customizations that You make will be carried out or implemented in accordance with the wishes of the User, therefore, the User hereby releases Us from all forms of legal liability arising from non-performance or for the performance of activities that have been customized.
5.3 We provide Features that facilitate Users to communicate directly with Vendors through the Site, including Features to submit special requests to Vendors when making an Activity Booking. The User understands that We cannot guarantee the special requests that Users submit to the Vendor can always be accommodated or provided by the Vendor.
5.4 The communication features contained on the Site are prohibited from being used as:
a. a means for Vendors to persuade, order, or request Users not to do Activities Booking through the Site;
b. a medium for Users and Vendors to carry out communications not for the purpose of Activities Booking; and
c. media for Users and Vendors to communicate that contain SARA (Ethnic, Religion, Race and Intergroup content), defame, contain discriminatory elements against certain parties, vulgar, threatening, containing pornography, crime plans, or other content that violates norms and Applicable Laws.
If the User prohibits the above, then We can suspend the User’s access to the Site, taking into account the provisions in these Terms and Conditions.
5.5 We have curated the Vendor to the best of Our ability, but We cannot ensure that every Activity provided by the Vendor will always be in accordance with the wishes of the User, therefore the User releases Us from the loss that the User receives from the use and selection of the Activity.
5.6 Users need to know, that each Vendor can have their own policies in providing Activities that are marketed by the Vendor through the Information Page, these policies include but are not limited to:
a. requirements for conducting Activities;
b. cancellation of Activities;
c. change the schedule of Activities that have been booked;
d. availability and procedures for carrying out Activities;
e. days and hours of operational activities;
f. discount terms; and
g. other policies that are enforced by the Vendor from time to time.
By choosing to book an Activity offered by a Vendor, the User is also subject to the policies determined by the Vendor and You are bound by an agreement between the User and the Vendor where the Vendor is obliged to provide the Activities Booked, while the User is obliged to make payments for the Activity in accordance with the time which is determined. Therefore, We recommend that Users learn and understand the policies of each Vendor that You choose before the User makes a purchase transaction. The choice to Activity Booking provided by the Vendor is at the User’s full risk so that the User hereby releases Us from the responsibility and indemnity arising from the additional policies of each Vendor.
5.7 As the User knows, the User understands that Activities Booking are the sole responsibility of the Vendor and User. By booking an Activities, Users are deemed to have read, studied and agreed to the information and policies provided by the Vendor. The User hereby agrees to release Us from liability, indemnity, loss of profits, or any costs arising from the User’s negligence or error in Activities Booking.
5.8 Unless otherwise specified in these Terms and Conditions, Users can use the Resolution Center to resolve disputes between Users and Vendors arising in connection with Activities.
5.9 Before the User makes a payment, the User can choose additional services for organizing Activities, the fees for these additional services will be added automatically to the payment bill that You will make. After the User has made a payment for the Activity, the User will receive payment confirmation from Us and We will forward the Activity Booking to the Vendor.
5.10 All Activities displayed on the Site are Activities with available slots that are always factually updated by the Vendor.
6. Activity Costs and Payment Mechanism
6.1 After the User has finished making an Activity Booking, the User is required to make payments for the Activity costs, taxes according to Applicable Law, administration fee Rp. 50.000, – (fifty thousand rupiah), additional fee on the additional services that the User chooses, and other fee (if any).
6.2 We cannot guarantee that the User will not be charged any additional costs other than the Activity fee that can be charged to the User based on the User’s decision or as required by the Vendor for User’s security purposes during the performance of the Activity. These additional costs include but are not limited to, accommodation costs during the Activity, transportation costs to the place of the Activity, diving and / or travel insurance, locker rental fees, diving equipment rental fees, costs associated to the User’s security, and other costs incurred based on the User’s choice (costs that are optional to support the performance of the Activity), or as required by the Vendor to guarantee the safety of the User during the performance of the Activity. Therefore, We encourage Users to search for information related to this through the Information Page available on the Site.
6.3 Payment for the Activity fees that have been booked by the User must be performed by the User no later than 2 (two) hours after the User has finished making an Activity Booking on the Sites.
6.4 For any delay in making payments will result in the User losing the Activities slot that has been booked and, in the event, that the User wants to reorder, the User must re-order. We and Vendor have no obligation whatsoever to ensure the availability of the Activity slots during the reorder process.
6.5 We provide Users with choices of payment methods, either by bank transfer to the account specified by Us, credit card, debit card, virtual account, digital wallet, or other payment methods provided by Us. All costs incurred in connection with payment are the full responsibility of the User.
6.6 Before making a payment, We recommend that You recheck the nominal costs of Activities You have booked. In the event of a payment error, either because the nominal is paid less or exceeds the actual cost of the Activity, You need to inform Us about it through Our contact feature on Site or other means of communication that We provide from time to time. The shortage of payment for Activity fee must be fulfilled by the User before the Activity is provided to the Users.
6.7 You need to understand that in order to support payment mechanisms, We may use third party services including but not limited to payment gateway service providers. Therefore, We only forward payments that You make.
6.8 In the event that the User chooses a payment method via credit card, We will bill the full amount of the invoice for Activities and additional services.
6.9 In the event of a credit card fraud or misuse of the User’s credit card by a third party, the User must immediately contact the bank or the issuer of the User’s card after the User becomes aware of such abuse. We will not be responsible for any incidents of credit card fraud or misuse of User credit cards by third parties under any circumstances. We are not obligated to make refund or repayment to Users as a result of the fraud. If the User suspects that there is an unauthorized booking of activities or credit card fraud committed through the Site, the User must immediately contact Us through the available communication media.
6.10 Users must ensure that the details that Users provide to Us are completely true, correct and accurate. We reserve the right not to accept certain credit cards.
7. Cancellation of Activities Booking and Refund Policy
Cancellation Activity Booking by User
7.1 Cancellation of Activity Booking can be done by the User or the Vendor. If the cancellation is made by the User, then the User is obliged to submit a notification of the cancellation of the Activity Booking to Us or to the Vendor directly through the communication features provided on the Site or the communication facilities that We provide from time to time.
7.2 Cancellation of Activity Booking by Users can be done with the following conditions:
Non – Liveaboard
a. If cancellations are made more than 30 (thirty) days prior to the scheduled performance of the Activity, the User is entitled to receive a refund of the maximum Activity fee of 100% (hundred percent) of the total cost of the Activity and would be deducted by administration fee.
b. If cancellations are made 30 (seven) days until 15 (fifteen) days prior to the scheduled performance of the Activity, we will refund 50% (fifty percent) of the total cost and would be deducted with the administration fee as well.
c. If cancellations are made less than 15 (fifteen) days prior to the scheduled performance of the Activity, we will not refund the payment made for the activity cost by the user.
a. If cancellations made 150 (one hundred fifty) days prior to the scheduled performance of the Activity, we would refund 90% (ninety percent) of the activity cost to the user and would be deducted by administration fee.
b. If cancellations made 150 (one hundred fifty) days to 60 (sixty) days prior to the scheduled performance of the Activity, we would refund 70% (seventy percent) of the activity cost to the user and would be deducted by the administration fee.
c. If cancellations made less than 60 (sixty) days prior to the scheduled performance of the Activity, we would not refund any activity cost to the user.
7.3 The period of receipt of funds for refunding Activity fee will refer to the relevant bank’s provisions or third party services used to return the Activity fees to Users.
Cancellation of Activity Booking by Vendor
7.4 If the cancellation of the Activity Booking is made by the Vendor for any reason except due to Force Majeure, the Activity fee that has been paid by the User will be fully refunded. Activity refunds will be conducted in accordance with the policies of the relevant Vendor. The period of receipt of funds for refunding Activity fees will refer to the relevant bank’s provisions or third party services used to return the Activity fees to Users.
7.5 The User hereby releases Us from the responsibility to ensure that the Vendor will refund the Activity fee and the Activity fee refund also refers to the policy of the relevant Vendor’s. If there is a dispute related to refund of the Activity fee, the User can resolve the dispute through the Resolution Center that We provide.
7.6 For the avoidance of doubt, the Force Majeure referred to in these Terms and Conditions is a delay or non-performance of the Vendor’s obligations which cannot be considered as negligence or cannot be prosecuted if the delay or non-performance of the obligation is caused by an event outside the limits of the Vendor’s ability including but not limited to natural disasters including: floods, tsunamis, earthquakes, landslides, storms, fires, bad weather; travel restrictions imposed by the local government; epidemic of a disease; the actions of public enemies; war; rebellion; sabotage; terrorism; blockade; riots or disturbance; attack; work prohibition; and other industrial or labor disruptions; or the existence of government regulations in the monetary sector or other regulations, all of which significantly have a direct impact on the performance of the Activities referred to in these Terms and Conditions.
8. Change of Activity Schedule
Change of Activity Schedule by User
8.1 Users can change the schedule of activities that the user has ordered before by notifying Us and filling out the form that We provide. The request must be received by Us no later than 15 (fifteen) days prior to the date of the Activity’s performance for non- liveaboard and no later than 30 days before the scheduled activity performance.
8.2 The User is fully responsible for the risks that the User may face when the User decides to change the Activity schedule, including but not limited to the Vendor’s schedule is full, the fulfillment of the Activity performance quota on that date, and other risks that cause the User to not be able to do the Activity at the time the User wants.
Change of Activity Schedule by Vendor
8.3 In the event that the Vendor changes the Activity schedule for any reason except due to Force Majeure, information related to the Change of Activity schedule will be displayed on the Site or notified directly by the Vendor to the User through the communication feature on the Site no later than 15 (fifteen) days prior to the date of the Activity’s performance for non-liveaboard and 30 (thirty) days before the scheduled Activity’s performance for liveaboard.
8.4 Upon changes to the Activity schedule performed by the Vendor, the Vendor will provide a new schedule for the performance of the Activity. If the User does not agree on the new schedule of the Activity performance set by the Vendor, the User may cancel the Activity, with the terms of cancellation set out in these Terms and Conditions.
8.5 Users will not be charged additional Activity fees from the Vendor for replacing the Activity Schedule conducted by the Vendor, except other additional costs that are optional. If the Vendor imposes an additional Activity fee, Users can report this to Us through the communication facilities We provide from time to time
9. Performance of Activity
9.1 Vendors are responsible for providing Activities to Users, including ensuring that the performance of Activities provided is in accordance with the information contained on the Information Page.
9.2 If there is a discrepancy in the specification of the performance of the Activity with the information that has been listed on the Information Page, then it can be reported to Us through the means of communication that We provide and disputes between Users and Vendors can be resolved through the Resolution Center
9.3 The User agrees that the performance of the Activity is the Vendor’s responsibility so We are not responsible for the quality, safety, security standards imposed by the Vendor and for any losses that may arise from the performance of the Activity.
9.4 The User understands that each photo, video, or image of the Activity in any form, is a representation and description of the Activity provided, the User hereby releases Us and the Vendor from all consequences arising due to the difference between the representation and the circumstances of the Activity performed.
9.5 The User understands that the Activity will be performed if it meets the quota determined based on the Vendor policy. In the event that the quota has not been fulfilled, the User will receive a notice 15 (fifteen) days’ prior to the scheduled performance of the Activity for non-liveaboard and no later than 30 (thirty) days before the scheduled activity performance for liveaboard.. Upon the unfulfillment of the quota, the Vendor may choose to cancel or reschedule the performance of the Activity. In the event that the Vendor chooses to cancel, the Vendor is required to make a refund for all of the Activity fee with due regard to these Terms and Conditions. In the event that the Vendor chooses to reschedule but the User does not agree to such schedule changes, the User may cancel the Activity by taking into account this Terms and Conditions.
9.6 The User understands that the Vendor can reschedule or cancel the Activity in the event that the date of the Activity performance, it can be estimated that an event beyond the Vendor’s capabilities including but not limited to Force Majeure as mentioned in clause 7.6.
9.7 In the event that the Activity needs to be canceled due to the reasons referred to in clause 9.6, the User understands that the event is not an intentional event or a negligence, therefore if the Vendor cancels, the Activity fee paid by the User can be refunded amount of 80% (eighty percent) . In the event of a rescheduling but the User does not agree to the scheduling changes, the User can cancel the Activity by taking into account this Term and Condition.
9.8 After completing the Activity, Users can fill in the Dive Log Feature, which will then be displayed on the User’s profile page. This feature allows the User to fill in the details of the diving experience obtained after the Activity is completed, later any data that is stated in the Dive Log will be verified by the Vendor.
10. Ratings and Review
10.1 After the completion of the Activity, the User can provide an rating and review of the Activity performance by the Vendor, but the rating and review is not for the Site or Features contained in the Site. Such ratings and reviews will be displayed on the Site and can be accessed by other users through the Site.
10.2 Ratings and reviews given by You is prohibited containing any not be immoral; ethnicity, religion, race and intergroup (SARA); as well as violating the Applicable Law in Indonesia.
10.3 To ensure a good relation in Sites, then We with Our own discretion may delete ratings or reviews that violate these Terms and Conditions and/ or which in Our opinion are not appropriate to be displayed or violate the norms or the Applicable Laws in Indonesia.
11. Resolution Center
11.1 All transactions that the User and the Vendor make, including securities that occur after the activity has been completed, are the sole responsibility of the User and the Vendor. However, in order to provide optimal services for Users, We provide a Resolution Center for Users and Vendors to facilitate reports from Users in case of disputes relating to Activities for reasons including:
a. The User has made payments for Activities Booking; however, the Vendor cannot be contacted;
b. discrepancies in Activities with the information listed on the Information Page;
c. discrepancy of policies listed on the Information Page with the policies implemented by the Vendor; or
d. other causes in connection with Activities Booking and other matters relating to Activities in accordance with these Terms and Conditions.
11.2 If the things mentioned in clause 11.1 occur, the User can provide a report to Us where We act as a facilitator between the User and the Vendor. We will process the report if the report is given within 14 (fourteen) days from the date the Activity is completed. If the report is submitted more than this time period, the User waives the User’s right to use the Resolution Center facilities that We provide.
11.3 Dispute resolution as regulated in this clause is made to facilitate the settlement of disputes between Users and Vendors and create a favorable climate on the Site for Users, and is not made to replace dispute resolution procedures as regulated in Indonesian Applicable Law including but not limited to procedural law.
11.4 In the process of resolving disputes through the Resolution Center, We reserve the right to request evidence in the form of photographs or supporting documents that We consider important, and the User is obliged to provide such evidence in good faith.
11.5 Within 30 (thirty) Business Days since the settlement of the dispute is submitted to Us, We will give a decision on the dispute based on the evidence We have received, and the User can appeal the decision.
11.6 Submission of an appeal against the decision referred to in clause 11.5 These Terms and Conditions can be submitted within 3 (three) Business Days after the decision is issued by providing other evidence that can support the submission of the User’s appeal.
11.7 Upon the submission of an appeal as referred to in clause 11.6 of these Terms and Conditions, We will provide a final decision within 14 (fourteen) Business Days and cannot be appealed.
11.8 The User is obliged to obey and implement the decision within 10 (ten) Business Days. If the User still does not accept the decision, then the User can submit legal procedures for the dispute to the competent authority based on the Applicable Law in Indonesia.
11.9 The User understands that We only act as facilitators who help the User to resolve User disputes with the Vendor, therefore We have no obligation to ensure that disputes will be resolved or the results will be in accordance with the User’s wishes.
11.10 The User hereby warrants that You will cooperate with and assist Us by providing true statements to Us and in good faith in any dispute resolution through the Resolution Center to achieve a peaceful dispute resolution.
12. Your Personal Data
13. Duration and Limitation of Access Rights
13.1 These Terms and Conditions shall apply for an indefinite period until expiration for reasons specified in the Terms and Conditions.
13.2 We with Our own authority may at any time temporarily suspend, limit or terminate Your access to Your Site, Features and/ or Account either temporarily or permanently without prior notice from You and without violating the provisions of the Applicable Law, for reasons of:
a. violations that You commit to all or part of these Terms and Conditions or the non-fulfillment of Your obligations to Us;
b. violation of the law that You do that may harm Us directly or indirectly.
13.3 We shall notify You not later than 2 (two) Business Days after We make a temporary discontinuation, restriction or termination of Your access to Your Site, Features and/ or Account.
13.4 Temporary discontinuation, restriction or termination of Your access to Site, Features and/ or Your Account temporarily or permanently does not limit Us to claim damages, report to the authorities, and / or take other actions that We deem necessary to protect Blublub’s interests.
14. Intellectual Property Rights
14.1 Sites, Features, names, trade names, logos, nuances, appearance, text, images, videos, content, programming codes, services and other materials provided by Us (“Material“) are protected by intellectual property rights under Applicable Law. All rights, ownership and interest in the Material are Ours and We grant You a non-exclusive, non-merchantable and non-transferable license which can be revoked or withdrawn at Our own discretion. You hereby understand that You will not have the right, ownership or interest in the Material unless otherwise specified by these Terms and Conditions.
14.2 Any usage, sub-license, modification, duplication, distribution, or creation of derivative works on Material other than those specified in these Terms and Conditions constitutes a violation of Our intellectual property rights so that We may exercise available legal remedies under Applicable Law to recover losses caused by such violations.
14.3 Aside from Our Material, We may display logo, trademark, or other contents of Vendor which are protected by intellectual rights (“Vendor Material”). Usage, modification, duplication, distribution, or creative derivative works of Vendor Material that You undertake without the prior consent of Vendor is considered a breach of Vendor’s rights and You will be held accountable for the misconduct towards Vendor Material.
15.1 You may only access Sites and use Features for Your personal and business use without violating anyone’s rights or Applicable Law. When accessing Sites and/or using Features, You are prohibited from:
a. intentionally and without right or unlawfully intercepting or extracting transmission of electronic information and / or electronic documents or electronic information and / or electronic documents belonging to other Users, other Vendors, or Us;
b. intentionally and without rights or against the law in any way alter, add, reduce, transmit, damage, delete, move or hide an electronic information and / or electronic documents that are listed on the Sites whether private or public;
c. intentionally and without right or unlawfully take any action that results in the disruption of access to Sites;
d. intentionally and without right or unlawfully sub-license, produce, sell, procure for use by another party, distribute, provide or acknowledge ownership of Our Sites, Features or other intellectual property rights;
e. intentionally and without right or unlawfully manipulating, changing, omitting, destroying part or all of the Sites;
f. use Sites and / or Features to conduct transactions that contain part of fraud or violate the rights of third parties and violate the provisions of Applicable Law;
g. use a program or do certain things that can access, search or obtain information that is not Your right from Sites;
h. interfere with the continuity or damage of the server or network connected to the Sites or ignore the standard procedures, rules or laws that apply to the Internet connection;
i. trying to access a part of Site that You do not have the right to access it;
j. carry out acts of plagiarism or publish content or Material that is displayed on Site without permission from Us or related third parties or without mentioning Our identity or related third parties as the copyright holder of the content or Material;
k. perform or attempt to reverse engineer, decompile, disassemble the programming code or algorithm or structure contained in Site; or
l. perform, order, participate, provide assistance or provide opportunities to conduct activities that violate the law, violate these Terms and Conditions, violate the rights of third parties, or have bad intentions while accessing Sites.
15.2 We have the right to sue both civil and criminal proceedings for all prohibited acts as referred to in this clause and these Terms and Conditions as a whole.
16. Content and Access to Third Party Content
16.1 In using Sites, You are prohibited from uploading or inserting words, comments, images or any content that contains SARA (Ethnic, Religious, Race and Intergroup), discrimination, demeaning or cornering other people, vulgar, threatening, advertising or promoting other sites other than Sites Blublub and other content which is prohibited according to these Terms and Conditions, Applicable Laws and values and norms contained in the community.
16.2 You are prohibited from using, uploading, publishing and / or in other words uploading a photo / picture belonging to a third party without the third party’s consent into the Site, causing violations of third party rights.
16.3 When You upload or put content into Sites, You give Us non-exclusive rights, not limited to territories, on an ongoing, irrevocable, royalty-free basis to exercise any and all copyright, publicity, trademark, database rights and intellectual property rights that You own in the content. Furthermore, if permitted by Applicable Law, You hereby declare not to claim for the economic rights that You own over the copyright of the content against Blublub.
16.4 We reserve the right to remove content or material in Site at any time in violation of these Terms and Conditions, the Applicable Laws regulations, and the applicable values and norms.
16.5 Site may load third party content or links to third party sites, which are provided as information to You. We already have the necessary permissions or licenses related to the availability of content or links to third party sites contained in Sites.
16.6 We are only responsible for all content that We have. We do not guarantee that any content provided by third parties on Sites is qualify, accurate, trustworthy or free from violation of the law.
16.7 We cannot control, support or monitor the contents of third-party sites and will not be responsible for errors or omissions of third parties, and You are responsible for Yourself for Your access to such sites. These Terms and Conditions do not include Your access to these third party sites.
17. Limitation of Liability and Indemnity
17.1 By accessing and using Sites including Features contain therein, You understand that Vendor displayed or information stated in the Information Page may not always meet Your expectation and We refuse to warrant that You will always find the suitable Activity based on Your own criteria.
17.2 We always try to keep Our Site safe, comfortable, and functioning properly. However, We cannot guarantee that these applications will operate continuously or that access to Our Sites will always be faultless.
17.3 You hereby agree that You use Our Sites at Your own risk, and Sites are given to You on an “as is” and “as available” basis, and cannot be changed, modified or adjusted to Your specific request.
17.4 We refuse to warrant that Site and Features will operate uninterruptedly or that Site and Features will be free from minor defects or errors that do not materially affect performance, or that all Features contained in Site are designed to meet all Your needs.
17.5 We refuse to guarantee that all services We provide, including Sites and Features contained therein will always be available and will operate optimally in other countries besides Indonesia. If You use Sites, and/or Features from any other jurisdiction besides Indonesia or If You are a foreign citizen, You are to be held accountable for all usages including limitation of activity applied by the prevailing laws in the aforementioned jurisdiction and Your jurisdiction which You are domiciled at.
17.6 Any damage that occurs to Your computer network, cell phone, applications or other devices due to the use of Sites is Your full responsibility, to the extent permitted by Applicable Law.
17.7 You hereby state that any information You give related to the Activity Booking is accurate and factual, and You have fulfilled the requirements according to the Applicable Law and policy of the Vendor before carrying on the Activity.
17.8 To the extent permitted by Applicable Law, We hereby will not responsible and You agree not to submit a claim to Us for any consequences, losses and/ or damage arising from but not limited to:
a. Information and content written by Vendor or other users to the extend where We have undertaken curation and periodic examination of information and content as stipulated by the Applicable Laws;
b. negligence or error that You made while accessing and/ or using Sites and / or Features including Your negligence in maintaining the security of the Account;
c. violation of third party intellectual property rights by You;
d. the quality of Activities marketed or provided by Vendors;
e. security system provided by the Vendor during the Activity;
f. the attitude or actions of the Vendor including their workers or representatives who are not in accordance with Applicable Law or not in accordance with applicable norms;
g. the deliverance or use of Activities that are not carried out in accordance with these Terms and Conditions;
h. policies stipulated by the Vendor on the Activities provided, including but not limited to discounted programs, bundling purchase packages or other policies;
i. Vendor’s policy related with refund policy in regards to cancellation or unperformed Activity;
j. cancellation of Activities Booking that have been perform in accordance with the provisions in these Terms and Conditions;
k. interruptions, bugs, inaccuracies and defects in Sites as long as We have taken reasonable efforts to fix the Sites;
l. damage to Your computer, cell phone or electronic device network due to the use of Sites;
m. viruses or other dangerous things obtained by accessing Site and/or Features; and
n. hacking by a third party to Your account as long as We have carried out reasonable security procedures on the Site and / or Features.
17.9 If there is a dispute arising between You and Operator or other users arising from the transaction process of purchasing a Activity, You hereby agree to release Us (including our affiliates, directors, commissioners, shareholders, employees and / or authorized representatives) from claims and charges for damage and loss (actual and implied).
17.10 You hereby agree that shall release Us from claims for indemnity and safeguard Us (including our affiliates, directors, commissioners, shareholders, employees and / or authorized representatives) from any claims or lawsuit, including reasonable legal fees, delivered by third parties arising from violations of these Terms and Conditions by You, improper use of Our Sites and / or Your violation of Applicable Law or violation on the rights of third parties which are performed by You.
17.11 For the interest of this clause, affiliates means (i) in relation to legal entity: any party, which directly or indirectly controls, under the control with or is controlled directly of indirectly by Blublub; or (ii) in relation to individual, any person who has working relationship or act as representative or proxies of Blublub.
18. Dispute Resolutions
18.1 All disputes arising between You and Us relating to the performance of these Terms and Conditions will be settled by deliberation and consensus, with a period of 30 (thirty) days after the dispute is informed to Us.
18.2 Before contacting Us directly to negotiate the settlement of a problem or dispute, You agree not to announce, make writings in online or print media related to the matter that may defame Blublub.
18.3 If no agreement is reached from deliberation and consensus, then a civil lawsuit may be filed in the competent district court as stipulated by Applicable Laws
18.4 During disputes in the settlement process, You are obliged to continue complying and carrying out the obligations that You must fulfill according to these Terms and Conditions.
19.1 These Terms and Conditions are made, implemented, subject and interpreted based on the provisions of the laws of the Republic of Indonesia and Indonesian that may be translated into other languages. If there is a dispute regarding the definition or interpretation of the matters provided for in these Terms and Conditions, the Indonesian language version shall apply.
19.2 These Terms and Conditions include the terms of access to Sites that apply as a valid agreement between Blublub and You. You cannot transfer Your rights and obligations in these Terms and Conditions to any third party.
19.3 We always try to provide the best service for You in accessing Our Sites therefore We have the right to make changes to these Terms and Conditions in order to adjust to the business development and the provisions of the Applicable Law. Amendment to these Terms and Conditions shall from time to time be uploaded to Sites so that You can read the changes from these Terms and Conditions. If changes to these Terms and Conditions are Material, We will notify You before the changes take effect. By continuing to access Sites, You declare that You have read, understood and agree to be bound by these amendments to these Terms and Conditions.
19.4 If there are provisions or parts of these Terms and Conditions that are against the law, cannot be applied or become invalid, then such provisions or parts will be deemed removed from these Terms and Conditions and other provisions of these Terms and Conditions will remain in full force.
19.5 These Terms and Conditions may be translated into other languages besides Indonesian as provided by Us. It is possible that some parts of these Terms and Conditions have different meanings, intentions, or interpretation when translated into other foreign languages. If there are differences in interpretation between the Indonesian version and the foreign language version, the Indonesian version shall prevail and You are encouraged to refer to the Indonesian version.
20. Contact Us
You may deliver questions, critics and suggestions, complaints, or reports related to the usage of Site by contacting Us through email [email protected] or telephone number at +62 811 86 9293. All correspondence between You and Us may be noted or recorded by Us for Our interest.