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Terms & Conditions – Vendor

Terms & Conditions

As a Vendor, You receive the opportunity to be able to display information and market Activities through the pages contained on the Site (“Information Page“) to everyone who makes an Activity Booking to Vendors through the Site (“User“). The terms and conditions contained on this page (“Vendor Terms and Conditions“) manage Your access and usage as a Vendor (“You”, “Your”, or “Yourself”) on the Site and all the features therein provided by PT Biru Indah Utama (“Blublub” ”We“, “Our” or “Us) as well as Your rights and obligations as a Vendor.

By accessing and / or using the Site, Vendor has read, understood and agreed to be bound by the Vendor Terms and Conditions. If the Vendor does not agree to the Vendor Terms and Conditions, then the Vendor is not permitted to access and / or use the Site as a Vendor.

By subjecting to Vendor Terms and Conditions, Vendors are also considered to be bound by the Terms and Conditions and Privacy Policy therefore all the provisions contained in the Terms and Conditions and Privacy Policy will apply to Vendors. Definitions and terms beginning with capital letters contained in the Terms and Conditions are considered to have the same meaning and interpretation as the terms used in the Vendor Terms and Conditions, unless otherwise specified in the Vendor Terms and Conditions. The invalidation of other terms and conditions will not cause the Vendor Terms and Conditions to become invalid, cease and / or inapplicable.

1. Vendor Registration 

1.1 Before a Vendor is registered and can display the Activities it offers, Vendors must have an Account that is registered in Our system, which terms regarding the Account will refer to the Account terms set forth in the Terms and Conditions.

1.2 During the process of registering an Account as a Vendor, the Vendor is required to choose the type of Activity that will be offered to Users, both diving and snorkeling. If the Vendor chooses snorkeling Activities, the Vendor is not permitted to offer diving Activities to the User to maintain the safety and security of the User, but it is not applicable in reverse. If it is found that a Vendor which only chooses the snorkeling Activity also offers a diving Activity, We may remove such offer from the Site and take the necessary action on the Vendor.

1.3 If the Vendor registers by selecting the diving Activities to be offered to Users, the Vendor is required to provide the data or information needed to help Us verify the Vendor’s identity and curate the Activities that the Vendor will market, among other:

a. Copy of Identity Card (if individual);

b. Copy of Identity Card of the person in charge of the Vendor;

c. Deed of establishment of the business entity and its amendment (if the Vendor is a business entity);

d. Decree of Approval of a Limited Liability Company from the Minister of Law and Human Rights (if the Vendor is a limited liability company);

e. Statement Letter of Registration from the Minister of Law and Human Rights (if the Vendor is a business entity other than a limited liability company);

f. Tax ID number;

g. Business permit;

h. Business ID number;

i. Bank account information belong to the Vendor;

j. Diving instructor certificate or permit that is still valid; and

k. other supporting documents that may be required for registration purposes.

1.4 If the Vendor registers by selecting snorkeling Activities to be offered to Users, the Vendor is required to provide the data or information needed to help Us verify the Vendor’s identity and curate the Activities that the Vendor will market, among others:

a. Copy of Identity Card (if individual);

b. Copy of Identity Card of the person in charge of the Vendor;

c. Deed of establishment of the business entity and its amendment (if the Vendor is a business entity);

d. Decree of Approval of a Limited Liability Company from the Minister of Law and Human Rights (if the Vendor is a limited liability company);

e. Statement Letter of Registration from the Minister of Law and Human Rights (if the Vendor is a business entity other than a limited liability company);

f. Tax Identification number;

g. Business permit;

h. Business Identification number;

i. Bank account information belong to the Vendor; and

j. other supporting documents that may be required for registration purposes.

1.5 To ensure the accuracy of any information obtained, We may perform a site visit to the location of the Activities performance or Vendor’s registered office.

1.6 In the event that the Vendor cannot provide the required documents referred to in Article 1.3 and / or Article 1.4 of the Vendor Terms and Conditions in full or if there is a discrepancy with the required documents given the actual situation, Blublub with its Own authority has the right not to further process Vendor registration or reject the Vendor registration request and the reasons for which will be notified to the Vendor.

1.7 By registering, the Vendor is deemed to have agreed to all the terms set by Us.

2. Terms of the Activity 

2.1 After officially registered on the Site, the Vendor can update Activities that will be marketed on the Information Page periodically, with reference to the terms stipulated in these Vendor Terms and Conditions. Activities that can be marketed through the Site must meet the requirements that the Activity being marketed is not the type of Activity which is prohibited from being traded under Applicable Law in Indonesian.

2.2 If based on Our assessment, the Activity marketed by the Vendor does not meet the requirements set out in the Vendor Terms and Conditions and / or Applicable Law, We will inform the Vendor and We have the right not to display the Activity on the Information Page until the Vendor rectify their mistakes.

2.3 Cooperation between Us and Vendors is non-exclusive therefore We have has the right to cooperate with dive operators or other supporting service providers whose businesses compete directly or indirectly with Vendors.

3. Activity Information on the Information Page

3.1 Accounts available to Vendors can be used by Vendors for but not limited to personalizing their profile, viewing reviews given by Users, displaying information on Activities offered by Vendor, Activity cancellation policies, Activity refunds, photos of Activity performance, and other policies relating to the Activity (“Activity Information“), which will be displayed on the Information Page on the Site. 

3.2 The Vendor hereby represents and warrants that it will provide appropriate content subject to the terms and conditions set forth by Us and the Applicable Law in Indonesia including but not limited to regulations on information and electronic transactions, content services provider and consumer protection.

3.3 In creating content to market an Activity on an Information Page, Vendors are required to provide a detailed description of the Activity, including the requirements to sign up for the Activity, type / location, price, direction or guide to reach the location of the Activity, and the prohibitions and recommendations of goods need to be carried by the User. In addition to the description in writing, the Vendor is required to include a clear image as a representation of the Activities offered by the Vendor.

3.4 In providing Activity Information through the Site, Vendors are prohibited from including or providing information to Users that may result in Users making booking to Vendors directly, without going through Blublub, on the Activities (s) offered through the Site.

3.5 We, with our sole discretion has the right to modify Activity Information, request changes or updates related to Activity Information, or delete Activity Information displayed on the Information Page in the event:

a. there are things that violate Vendor Terms and Conditions and User Terms and Conditions;

b. a third party who has rights on the content and / or intellectual property rights on the material that the Vendor provides and is displayed on the Information Page makes a claim against it;

c. there is information that is incorrect, inaccurate, misleading and / or suspected to contain elements of fraud;

d. information that contains (i) deceptive sentences, (ii) information that is misleading or ambiguous; (iii) information that is exaggerated and does not correspond to the actual situation; (iv) coercion to buy Activities; and (v) information that conflicts with the regulations;

e. information that contains elements of immorality and pornography, harassment or affront for and has a potential to cause conflicts on the norms / contains elements of SARA (Ethnic, Religious, Race and Intergroup), insults, harassment, extortion, violence, vilification, deception, and defamation;

f. Activities that are marketed through Information Pages are Activities that are prohibited based on Applicable Laws in Indonesia;

g. the cooperation between the Vendor and Us is terminated; and / or

h. other things that We deem necessary for the interest developing the Site, Features or business of Blublub, as long as it remains subject to the Vendor Terms and Conditions.

3.6 In the event that We carry out the actions referred to in Article 3.5 of Vendor Terms and Conditions, We will provide notification to the Vendor in a reasonable time.

3.7 Every image provided to Us to be displayed on the Information Page must reflect the true state and not be overly edited which may obscure the User’s judgment in selecting Activities.

3.8 Vendors hereby grant a limited, royalty-free and revoked license for the Activity Information provided by the Vendor to Us for Us to display it on the Site or other communication channel without transferring ownership rights on the Activity Information and / or the Vendor’s intellectual property rights.

3.9 The Vendor hereby represents and warrant to take full responsibility for the Activity Information that the Vendor provides to Us and release Us from losses, claims from and / or costs incurred by Us or third parties arising from Activity Information provided by the Vendor.

4. Activity Booking

4.1 By marketing Activities via the Information Page on the Site, the Vendor declares that the Vendor has the ability and capability required to provide such Activities to Users, in accordance with information that has been submitted by the Vendor through the Information Page.

4.2 To ensure information on the availability of slots of the Activity offered is factual, Vendors are obliged to notify Us regularly for any changes in slot availability from time to time if there is a booking for Activities that occur outside of the Site. Vendors must prioritize and accept Activity Booking even if there are no slots available, if there is negligence by the Vendor’s in providing information on actual slot availability.

4.3 Vendors have the right to provide additional policies regarding booking of Activities as long as these policies do not violate or do not conflict with the Terms and Conditions, Vendor Terms and Conditions, and Applicable Laws.

4.4 Vendors are required to prioritize Activities bookings through Blublub Site compared to booking from other parties including those received by the Vendor directly if booking of such Activities received at the same time.

4.5 In the event that there is a quota that must be met in order for an Activity to be carried out, the Vendor is obliged to strive so that the quota can be fulfilled and notify the conditions of fulfilling the quota no later than 30 (thirty) days prior to the date of the Activity’s performance. If the Activity quota has not been met until the Activity performance schedule, the Vendor is committed to giving its best effort to continue to carry out the Activity without any additional costs for the Activity, unless otherwise specified on the Information Page. However, Vendors can still choose to cancel or reschedule the performance of the Activities. In the event that the Vendor chooses to cancel, the Vendor is obliged to repay all Activity costs that have been paid by the User and with regard to the terms in the Terms and Conditions.  

4.6 Apart from the Activity options that are already available on the Site, Users can make customizations in the form of compiling the details of the Activities they wish to carry out. Upon such customization, the User is deemed to submit a request to obtain a letter of offer from the Vendor, therefore each Vendor has the right to submit an offer for the performance of the customized Activity. In the event that there is an agreement to carry out the customized Activities between the User and the Vendor, the Vendor is obliged to carry it out while still complying with every provision in the Terms and Conditions.

4.7 Users may reschedule Activity booking no later than 30 (thirty) days prior to the date of Activity, by notifying Us. We will forward the request to the Vendor. In the event that an alteration of the schedule incurs an additional fee for organizing the Activity, the Vendor must notify Us no later than 2×24 hours after We have forwarded the information to the Vendor. In the event that the Vendor does not notify the additional cost within the timeframe, it will mean that there is no additional cost for the rescheduling.

5. Payment of the Activity Fee

5.1 After confirming the Activity Booking, the User will be asked to make a payment in accordance with the payment method provided by Us. 

5.2 Payments made by the User will be addressed to Us before being forwarded to the Vendor. We will forward 100% (hundred percent) up to 3 Business days after the Activity is done. The Vendor understands that the Activity fee that is forwarded to the Vendor is the amount that has been deducted by the Site Usage Fee and tax according to Applicable Law.

5.3 Vendors need to know that payments forwarded to the bank account which the Vendor gave to Us will be subject to the respective bank’s terms. The Vendor understands that in order to support the money forwarding service to the bank account that the Vendor provides, We may use the services of a third party therefore the period of forwarding until the money receive on the Vendor bank account depends on the policy of the third party.

5.4 In the event that based on the results of monitoring and investigation We find any suspicious or fraudulent transactions, We have the right to take the necessary actions as referred to in the Vendor Terms and Conditions and the total money that can be disbursed by the Vendor is money that does not originate from a suspicious transaction or contains an element of fraud.

6. Activity Cancellation

6.1 In the event of a cancellation or rescheduling of the Activity performance not due to Force Majeure and is the will of the Vendor, the Vendor is obliged to provide notice as soon as possible through the Information Page and send notice to the User through the communication facilities available on the Site and to return all Activity costs to The User if there is an Activity fee already forwarded by Us to the Vendor (for cancellation), in no later than 3 (three) Business Days after the cancellation information is notified by the Vendor.

6.2 For cancellation as referred to in Article 6.1, the Vendor will be charged a penalty fee with the following terms:

  Non – Liveaboard:

a. A penalty of Rp. 500,000 (five hundred thousand Rupiah) if the cancellation is carried out more than 30 (thirty) until 15 (fifteen) days before the scheduled performance of Activities; and

b. A penalty of Rp. 750,000 (seven hundred and fifty thousand Rupiah) if the cancellation is carried out less than 15 (fifteen) days before the scheduled performance of Activities.

    Liveaboard:

a. A penalty of Rp. 500,000 (five hundred thousand Rupiah) if the cancellation is carried out more than 150 (one hundred fifty days) until 60 (sixty) days before the scheduled 

performance of Activities

b. A penalty of Rp  750,000 (seven hundred fifty thousand Rupiah) if the cancellation is carried out less than 60 days before the scheduled performance of activities

Upon such cancellation, We may take legal actions necessary to guarantee repayment by the Vendor.

6.3 Cancellation and / or rescheduling as referred to in Article 6.1 will be noted by Us and We have the right to give a warning to the Vendor and the right to terminate the cooperation with reference to the provisions in Article 12.2 Vendor Terms and Conditions.

6.4 In the event of a cancellation of the performance of the Activity not due to Force Majeure event but is the will of the User, the Vendor is obliged to notify the cancellation to Us so the slot availability can be updated. The cancellation provisions made by the User are as follows:

Non-Liveaboard:

a. In the event that the User cancels more than 30 (thirty) days prior to the scheduled performance of the Activity, We will return the Activity fee to the User for 100% (hundred percent) of the total cost paid and will be reduced furthermore with the administrative fees set by Us , or if the User has not paid all Activity costs, the Down Payment and administrative fees paid by the User are non-refundable. Upon this cancellation, We will disburse the remainder of the Activity costs which the User has paid to the Vendor, after deducting the Site Usage Fee, administrative fees, and taxes in accordance with Applicable Law;

b. In the event that the User cancels less than 30 (thirty) to 15 (fifteen) days prior to the scheduled performance of the Activities, 50% (fifty percent) of the Activity fees will be returned to the User. Upon this cancellation, We will disburse the remainder of the Activity costs which the User has paid to the Vendor, after deducting the Site Usage Fee, administrative fees, and taxes in accordance with Applicable Law;

c. In the event that the User cancels less than 15 (fifteen) days prior to the scheduled performance of the Activities, no Activity fees or any fees will be returned to the user. For this cancellation, the Vendor is entitled to receive a payment of 93% (ninety three percent) of the Activity fee paid by the User after deducting the Site Usage Fee and taxes in accordance with Applicable Law.

Liveaboard:

a. In the event that the user cancels more than 150 (one hundred fifty) days prior to the scheduled performance of the Activities, 90% (ninety percent) of Activity fees will be returned to the User. We will disburse the remainder of the Activity costs which the User has paid to the Vendor, after deducting the Site Usage Fee, Administrative Fees, and taxes in accordance with Applicable Law.

b. In the event that the user cancels 150 (one hundred fifty) days to 60 (sixty) days prior to the scheduled performance of the Activities, 70% (sixty percent) of Activity fees will be returned to the user. We will disburse the remainder of the Activity costs which the User has paid to the Vendor, after deducting the Site Usage Fee, Administrative Fees, and taxes in accordance with Applicable Law.

c. In the event that the user cancels less than 60 (sixty) days prior to the scheduled performance of the Activities, no activity fees will be returned to the User. For this cancellation, the Vendor is entitled to receive a payment of 93% (ninety three percent) of the activity cost which the user has paid after deducting the Site Usage Fee and taxes in accordance with Applicable Law.

Upon cancellation of the Activity performance on any basis, the Site Usage Fee cannot be returned to the Vendor.

7. Performance of Activities 

7.1 Vendors are responsible for performance of Activities to Users including but not limited to providing the necessary safety standards so the performance of Activities can run smoothly, providing human resources (including workers and Vendor representatives) who have expertise to support the performance of Activities, ensuring that human resources (including workers and Vendor representatives) do not act in violation of Applicable Law and contrary to norms, and ensure that the performance of the Activity is in accordance with the tourist information listed on the Information Page.

7.2 In the event that the performance of the Activity is rescheduled because on the date the Activity can be predicted an event outside the Vendor’s capability including but not limited to Force Majeure Conditions, the Vendor shall provide an alternative performance schedule and availability of slots to be updated on the Site.

7.3 f the Activity needs to be canceled due to the reasons referred to in Article 7.2, the Vendor is entitled to receive at least 13% (thirteen percent) of the Activity fee.

7.4 The Force Majeure referred to in the Vendor 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 Vendor’s capability including but not limited to natural disasters include: 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 Activity.

8. Reschedule of the Activity by the Vendor

8.1 In the event that the Vendor changes the Activity schedule for any reason except due to Force Majeure, information related to the reschedule of the Activity must be received by Us no later than 15 (fifteen) days for non liveaboard and 30 (thirty) days for liveaboard prior to the date of the Activity’s performance.

8.2 The Vendor hereby warrants that the Vendor will not charge any additional costs to the User in the event that the Vendor changes the Activity Schedule and will accept the risk that changing the Activity schedule may cause the User to cancel the performance of the Activity.

9. Dive Log

9.1 After completing the Activity, Users can fill in the Dive Log Feature through the Site. This feature allows the User to fill in the details of the diving experience obtained during the Activity. Vendors are required to verify the data contained in the Dive Log truthfully and in accordance with the facts. Vendors are required to verify these data no later than 2×24 hours after receiving notification from Us.

9.2 Vendors understand that We are only responsible for displaying and storing information contained in the Dive Log. That all data contained in the Dive Log is a statement submitted by the User and has been verified by another Vendor. Therefore, We cannot guarantee the truth, up-to-date or accuracy of any information contained in the Dive Log and hereby release Us from all forms of legal responsibility for the use of information contained in the Dive Log.

10. Site Usage Fee

10.1 In connection with the use of Our services to display Activities provided by Vendors through the Site, We have the right to charge a site usage fee that is 7% (seven percent) of the Activity fee book by the User (“Site Usage Fee“). The Terms of the Site Usage Fee may be changed from time to time based on Our discretion to adjust to business development and the provisions of the Applicable Law, by giving prior notice to the Vendor within a reasonable time before the changes take effect.

10.2 The Site Usage Fee will be paid by direct deduction of the first Activity fee forwarded by Us to the Vendor.

11. Discounts and Other Promotions

11.1 In order to increase sales of Activities offered by Vendors through the Site, Vendors have the right to initiate promotions by offering discounts, giveaway, or other programs as long as they do not conflict with the Terms and Conditions and Vendor Terms and Conditions (“Special Programs“), such Special Programs must be notified to Us no later than 5 (five) Business Days before the Special Program becomes effective.

11.2 We may carry out promotional activities initiated by Us and involve Vendors, by notifying each Vendor in advance of their availability and / or approval regarding Vendor involvement in promotional activities carried out. However, We may at any time carry out other promotional activities without first requiring the willingness and approval of the Vendor in the event that the promotional activities are carried out to improve services to Users and as long as they do not cause loses to the Vendor.

12. Vendor Evaluation

12.1 As long as the Vendor markets Activities through the Site and conducts Activities based on booking from Us, We have the right to evaluate Vendor performance, including but not limited to the number of Activities that have been performed, the number of Booking Activities by Users, the number of complaints or disputes between Users and Vendors, the amount cancellation or rescheduling initiated by the Vendor, Vendor’s level of responsiveness, Vendor’s commitment to fulfill the quota so that Activities can be carried out, and other things that are considered by Us to continue or end the cooperation.

12.2 Vendors are also required to maintain and make an effort at all times to improve the quality of service for the Activities offered. In the event that the Vendor obtains a review or rating from the User under 4 (four) of the rating unit applicable on the Site and after receiving a warning from Us, the Vendor does not make sufficient improvements to increase its rating, We may suspend the Vendor Account either temporarily or permanently.

13. Center for Resolution

13.1 All transactions that the User and the Vendor make, including the consequences that occur after the Activity has been completed, are the sole responsibility of the User with the Vendor. However, in order to provide optimal services for Users, We provide a Resolution Center for Users and Vendors to facilitate reports from You in the event of disputes relating to Activity. You can learn about the procedure for resolving disputes through the Resolution Center in the User’s Resolution Center section, terms and conditions which are an integral part of the Vendor Terms and Conditions.

14. Intellectual Property Rights

14.1 Intellectual Property Rights owned by each Party will not transfer to the other Party and the use of Intellectual Property Rights belonging to each Party is limited to the performance of Vendor Terms and Conditions.

14.2 Vendors hereby grant a non-exclusive, royalty free, and irrevocable license to Us for Vendor’s Activity Information, logos, trademarks, and tagline for display on the Information Page.

15. Inactive Account

15.1 The Vendor Account will be declared inactive and suspended if there are no transactions made by the Vendor through the Application for a period of 1 (one) year in a row. In an effort to increase Vendor activity on the Site, We will send Vendors a confirmation regarding the activation status of the Vendor Account on the Site. In the event that We do not get a response to the confirmation or the Vendor intends to no longer use the Site as a Vendor, We will permanently suspend the Vendor Account. If the Vendor intends to carry out transactions and use the Account optimally in accordance with the intent and purpose of these Vendor Terms and Conditions, then the Vendor must re-register with reference to the provisions stipulated in Article 1 of the Vendor Terms and Conditions.

16. Limitation of Liability and Indemnity

16.1 Vendors irrevocably agree to release Us at any time from and against any losses, suits, claims, liabilities and liabilities incurred, including but not limited to costs, expenses, debts and obligations that are directly or indirectly directly arises in connection with:

a. Vendor errors in carrying out Activities, both intentional and due to Vendor negligence, causing harm to Users and / or third parties;

b. violations committed by the Vendor on the obligations stipulated in the Vendor Terms and Conditions and perform actions that are prohibited in the Vendor Terms and Conditions;

c. violations of third party rights including violations of third party intellectual property rights committed by the Vendor;

d. User error in using facilities provided by the Vendor, whether intentional or due to User negligence, causing losses to the Vendor; and / or

e. violation of Applicable Law by Vendor which has a direct impact on the sustainability of Vendor Terms and Conditions.

16.2 In the event that We suffer any loss or are sued by a third party due to the reasons stated above, We may request indemnity from the Vendor and the Vendor will provide compensation to Us in a reasonable amount with due regard of the provisions in the Applicable Law.

17. Miscellaneous

17.1 Vendor Terms and Conditions are made, implemented, subject to and interpreted based on the provisions of the laws of the Republic of Indonesia and made in Indonesian language which may be translated into other languages. If there is a dispute regarding the definition or interpretation of the matter provided for in the Vendor Terms and Conditions, the Indonesian language version will prevail.

17.2 The Vendor Terms and Conditions include the terms of use of the Site that are valid as a legal agreement between Us and You. You cannot transfer Your rights and obligations in these Terms and Conditions to any third party.

17.3 We always try to provide the best service for Users and You in accessing Our Site so We have the right to make changes to the Vendor Terms and Conditions to adjust to business developments and the provisions of the Applicable Law. Changes to Vendor Terms and Conditions will from time to time be uploaded to the Site so You can read changes from Vendor Terms and Conditions. If changes to Vendor Terms and Conditions are material, We will notify You within a reasonable time before the changes take effect. By continuing to access the Site, You declare that You have read, understood and agree to be bound by changes to these Terms and Conditions.

17.4 If there are provisions or parts of Vendor Terms and Conditions that are unlawful, cannot be applied or become invalid, then the provisions or parts will be deemed removed from the Vendor Terms and Conditions and We will adjust these provisions to be enforceable, while other provisions of Vendor Terms and Conditions will remain in full effect.

17.5 Vendor Terms and Conditions may be translated into other languages besides Indonesian provided by Us. It is possible that some parts of the Vendor 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 will prevail, and You are encouraged to refer to the Indonesian version.

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