Terms & Conditions of Our Service
Confirmation and acceptance of Terms and Conditions
By accessing or using this website, you (“you” or “user”) confirm that you have agreed to the Terms & Conditions of Our Service (from now on referred to as “Terms and Conditions” or “this Agreement”) set herein. In this Agreement, the “Service” means LakeToba.com, including its mobile site and application, and the services provided by the staff and company operating LakeToba.com (“we” or “us”). If you disagree with any of the following, please stop using the Service immediately.
This website is under construction at this time. You shall not transact with us until we are ready and we have removed this paragraph.
1. General rule
If you have signed up as a partner of LakeToba.com, then you are deemed to have agreed to this Agreement and, as relevant, all Other Terms.
2. Service overview
LakeToba.com is an online and web-based computer application that provides travel guide, information on points of interest, and booking services of specific travel products. We may work with affiliates and business partners or do so by ourselves in offering the products. In particular, our products include (but are not limited to):
- travel guide,
- car rentals,
- cruises, and
Our travel guide covers basic info, immigration, transportation, money and banks, food and drinks, language and culture, Internet, phone, and electricity, among others.
We charge commissions on the bookings that we successfully refer and earn profits on our products that we sell.
3. Modification of the Terms and Conditions
We may modify this Agreement from time to time without prior notice. But to be fair with you, we will mark the edits in blue text so that you may trace the changes we have implemented. The changes take effect in 7 days of their appearance on this page. If you do not agree to the relevant changes, you should immediately stop using the Service. If you continue using the Service after such seven days, then you are deemed to have accepted the revised Terms and Conditions.
4. Service changes, interruptions, termination
You fully understand and agree that the Service involves the Internet and computer applications, communications and other things that may be affected by various aspects including human, technology, and nature. You will not seek any compensation from us if you incur any loss or damage (directly or indirectly) due to any change, interruption, cancellation, or termination of the service for whatever reason. The reasons may include computer viruses, hacker attacks, program bugs, malfunctions, design weaknesses, system instability, user locations, server outages and shutdowns, network restrictions and telecommunication breakdowns (whether the incident represents a force majeure or not).
We need to regularly or irregularly provide our network services platform and related equipment for development and maintenance, which may cause interruptions to our Service. We may also need to suspend our Service temporarily due to a breakdown or a need for repair work on our platform or elsewhere. In no case shall we be held responsible for your loss. But we shall notify you as early as possible and in advance about the interruptions, but we are not responsible if we fail to.
We may also terminate our Service permanently at any time at our discretion with or without any notice. We are liable to refund you for incomplete services that you have paid for, but we are not responsible for bearing any other impact of the Service termination.
5. The use of rules
You must comply with the relevant laws and regulations of the Republic of Indonesia when using LakeToba.com, and you agree that you will not use the Service for any illegal or improper activities, including but not limited to the following:
– to upload, display, post, disseminate or otherwise transmit information that:
(1) challenges the fundamental principles adopted by the 1945 Constitution;
(2) endangers national security, divulges state secrets, subverts state power and undermines national unity;
(3) damages the national honor and interest;
(4) incites national hatred, ethnic discrimination, destruction of national unity;
(5) undermines the national religious policy, or promotes cults and feudal superstition;
(6) spreads rumors, disturbs the social order, threatens social stability;
(7) disseminates obscenity, pornography, gambling, violence, murder, terror, or crime;
(8) insults or slanders others, or goes against the legitimate rights of others;
(9) appears false, harmful or coercive, infringes upon others’ privacy, or constitutes harassment, infestation, slander, vulgarity, indecency, or other ethically offensive content;
(10) contains any other material against the laws, rules, regulations applicable in Indonesia.
– to use a network service system for any unlawful purposes such as the following activities:
(1) without permission, (a) accessing the computer information network or using computer information network resources to delete, modify or add any data, (b) entering the computer information network storage, processing, transmission or applications to delete, modify or add any data; (c) deliberately creating or spreading computer viruses and other destructive programs; (d) doing other hazards to computer information network security.
(2) Commercial use of any data on LakeToba.com’s website, including but not limited to the use of the information displayed on LakeToba.com, in any manner without our prior written consent.
(3) intervention or attempt to interfere with the normal operation of LakeToba.com website or any transaction, activity, or taking any significant data load that would cause unreasonable traffic on LakeToba.com by using any device, software or routine, etc.
(4) acts of unfair competition in violation of the principle of good faith, or malicious acts such as malicious orders or malicious transactions to disrupt LakeToba.com normal operations.
(5) other acts not related to online transactions.
6. Copyright notice
Users who upload or send information to this website confirm that they have copyright to the material and that their copyrights in any form of information published on this site include, but are not limited to, reproduction, distribution, lease, exhibition, representation, and broadcast rights. Further, the users acknowledge that they have transferred the right of dissemination, reproduction, translation, and assembly as well as all other transferable rights enjoyed by the copyright owners exclusively to LakeToba.com, and confirm that they have the necessary permission to do so. The users are responsible for covering and paying for all charges, costs, and damages related to any infringement or improper use of copyrights that they commit and indemnify us accordingly.
All contents of LakeToba.com are subject to copyright laws and protections. Any act of copying, publishing, reproducing, modifying, disseminating, and storing of any part of this website without our written consent in advance is prohibited.
Anyone who needs to print or reproduce articles published on this website must also obtain consent from the original authors.
If you have copyright issues or complaints with the content of our website, please email [email protected] and provide evidence or explanation that supports your claims. Immediately after verification, we will delete or change the questionable content.
We do not guarantee the accuracy and completeness of the external links provided for the convenience of the users.
7. User privacy
Respect for personal privacy is a fundamental policy of LakeToba.com. Therefore, we will not disclose or dispose of users’ data collected through our Service unscrupulously but instead will save them in non-public domains or restricted folders only, except for compliance with the requests of law enforcement bodies and in any of the following three cases:
(1) to comply with our legal service procedures.
(2) in an emergency situation to safeguard the privacy of users and the public privacy.
(3) to meet other legal and security requirements.
You fully understand and irrevocably grant us, our affiliates and business partners the following rights free of charge:
(1) Our affiliates or business partners may allow LakeToba.com users to log in to their systems and to use their services. For this to function, you consent our affiliates or business partners to use your registration information, transaction/payment data and other information and data synchronization. Their users may enjoy a similar level of privacy protection governed by this Agreement.
(2) If you are one of our affiliates or business partners, then for us to offer your services to LakeToba.com users, you consent the users to access your registration information, addresses, business profiles and other information and data synchronization.
(3) For the security of transactions entered into our website, we and our affiliates and business partners are allowed to analyze the user information. You also grant them and us the right to make commercial use of the above analysis results.
(4) Our affiliates and business partners may obtain your information then share it with us. For example, when you book through an affiliate company or a business partner website, the booking information you provide to it may be forwarded to us so that we can manage your bookings properly. In another example, we may allow you to use the social media accounts to log in to LakeToba.com, where you are deemed to have authorized the social platforms to share your personal information with us.
(5) You authorize us to send business information, including but not limited to our latest product information, promotional information, etc. to your e-mail, mobile phone, mailing address, etc. If you choose not to receive any of the information, you can follow the appropriate settings included in the message to reject such services in the future.
8. The user’s account, password, and security
Once you have successfully registered as a user, you will get an account and a password. You agree to bear full responsibility if you do not keep your account and password safe. Besides, you are responsible for all activities and events in your account, no matter who performs them. You can change your password at any time, or you can end the old account to reopen a new one. If you suspect any illegal use of your accounts or notice security vulnerabilities around it, you agree to notify us about the issue immediately. You are not allowed to transfer your account in any form, authorize others to use your account, or trade account with others. Given the particularity of network services, we have no obligation to audit whether you use a shared or group username and password. You may use the group name and password in using our Service provided that the original person who signed up or registered the account with us bears full responsibility for the account.
9. Booking, payment, cancellation, and refund
Your booking is binding only after we have received your full payment and confirmed your reservation via email. We accept payments via the electronic payment gateway provided by PayPal Pte Ltd or its affiliates (“PayPal”) and you agree to the terms set out for you by PayPal. We may also accept your payments via other gateways as appropriate.
We do not provide any refund of your payment on cancellations unless we have specified a different policy on the product or booking page.
10. No guarantee
You expressly agree that the use of Service is entirely at your risks. We do not provide any guarantee, whether express or implied, whatsoever. The risks may include but not limited to the losses or damages of data in our system, delays or errors in our performance, bugs or malfunctions in our applications, network and server failures, miscommunications by our staff, and unintentional omissions. We provide our system and website on an “as is” basis, i.e., without any warranty whatsoever.
We are not responsible for any direct, indirect, incidental, special and subsequent damage from your or other user’s use of our Service. We and our tour operators, in particular, are not responsible for any delay or non-performance of the Service due to operational matters, natural hazards, epidemic, accidents, losses and other things within or beyond our capacity. Any arising cost due to the above shall be borne by the relevant parties respectively.
The articles and comments published on this website may be subject to errors or inaccuracies. You acknowledge that you bear all the risks if you base your decisions on them. We recommend that you seek professional advice before traveling or making any travel decision.
We do not guarantee that the Service will always meet your requirements, nor ensure the Service non-interruption, timeliness, security, and delivery. In case the Service that you have purchased or ordered is not delivered, or delivered but not to your satisfaction, then our responsibility is limited to getting you connected with the relevant affiliates or business partners so that you have a chance to resolve the differences promptly and adequately. We will not be obliged to collect the payment that we have passed to the affiliates or business partners but will hold the undelivered portion (payment in our possession) until the matter has resolved or we have decided which party deserves the money (partial or full amount). See also Dispute Resolution.
11. Dispute resolution
If you have ordered specific items of our Service and made the payment for them, you may dispute their delivery. You must raise your complaints in writing and send them via email to [email protected] within 7 (seven) days of the scheduled delivery. We will forward your comments to the relevant staff, affiliates or business partners for their response. If you are satisfied with their response, we will consider the case closed and will not follow it up anymore. However, if you are still unhappy, you have a chance to challenge their response, in which case we will hold your payment that we have not released to them. We will assume that you are satisfied if you don’t respond within 7 (seven) days of their initial response. In the case of deadlock, you herewith authorize us to make an arbitrary, final call on who deserves the fund (partial or full).
If you win in the dispute, you agree that our affiliates or business partners’ responsibility is limited to a full or partial refund of your fund, depending on the nature of failure in question and your interim agreement during the mediation process. Their responsibility is not including any compensation for your hardships and hassles, your loss due to the negligence, and everything else not specially mentioned as included as their responsibility in this Agreement or Other Terms.
We will do what we consider best efforts in mediating your disputes, but we cannot guarantee satisfactory outcomes every time. You will not bring any legal case against us, our affiliates and business partners, for any unsatisfactory dispute resolution.
12. Information storage and restrictions
We are not responsible for the deletion or storage of information you have provided to us. We do not set the upper limit of the amount of information transmission, but there is a limit to our storage space, and we may have to consider putting restrictions on the amount of information transmission in the future if we need to.
13. User behavior
You are solely responsible for the content you submit to us. Your use of the Service is subject to your respective local laws, national laws and international legal standards applicable to web services.
You should not transmit any illegal, harassing, slanderous, abusive, intimidating, damaging, vulgar, obscene and other inappropriate information to us or on our website. Also, you must not transmit any information that incites others to commit a crime, interferes with the Internet and national security, does not comply with local laws, federal laws, and international laws. Unauthorized access to other computer systems is prohibited. If your behavior does not meet the terms above, we can make an independent judgment to immediately cancel your accounts or access to our network (if possible). You are solely responsible for your actions. If you spread and disseminate reactionary, pornographic or other information that violates the national law in using the Service, the system record may become evidence of your violation of the law.
14. The end of the Service
You and we may at any time stop using or providing the Service, in part on in full. We are not liable to any individual or third party at any time for the termination of the Service. We may also change the nature, range or description of our Service from time to time. If you object to the changes in our Service, you have the following options:
(1) stop using the Service;
(2) revoke your account with us;
(3) ask us to discontinue the Service for you.
This Agreement continues to prevail even though you have terminated your account with us.
We will make all important notices on this website. Also, at our discretion, we may send them via email to specific or all users. The announcements may include but not limited to updates on the terms of service, service changes, or other matters. We are not liable to announce or to prove that we have declared everything you may consider important.
16. Liability cap
We are not liable for compensation, damage, and any form of recovery of your loss unless it is the direct result of our gross negligence or intentional misconduct. Our liability to you in the case of our gross negligence or intentional misconduct shall be based on your actual loss as the direct result of such negligence or misconduct and shall not exceed 3 (three) times the amount you pay to us for the particular transaction that leads to your claim, or 3 (three) times the amount of your last payment if there is no specific transaction to relate to.
17. The law
This Agreement shall be governed by, and construed following, the laws of the Republic of Indonesia, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action or proceeding relating to this Agreement shall be submitted to the court of Badan Arbitrase National Indonesia (BANI) only and be instituted and processed according to the procedures set out by BANI. The decision of the court is final and binding.
This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may freely assign this Agreement.
If anyone or more of the provisions of this Agreement is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall be unimpaired and shall remain in full force and effect. And the invalid, illegal or unenforceable provision(s) shall be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable term(s).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control (“Force Majeure Event”), then we will have no liability to you for such failure to perform. The Force Majeure Events shall include lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, and industrial disputes (whether or not involving our employees). They shall also include acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks, and any other event beyond our reasonable control. If any Force Majeure Event continues for more than sixty (60) days, either we or you may terminate this Agreement by delivery of written notice to the other party.
Updated: March 28, 2018