1. Santika Websites mean all Websites controlled and managed by PT Grahawita Santika (known as Santika Indonesia Hotels & Resorts or 'SIHR'), i.e. www.santika.com, www.amarishotel.com and www.royalambarrukmo.com and all web pages thereunder, including the content, information, applications, programs, images, links, sounds, graphics, video and other materials which may be displayed therein and the functionalities or services provided therein (collectively the "Content"). "You" refers to such party who is given access or use of Santika Websites by SIHR. Acceptance of Terms. i.The use of the Santika Websites is subject to the terms and conditions set out herein ("Terms of Use"). By accessing the Santika Websites and the Content, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use this Santika Websites. 2. Use of the Santika Websites i.You agree to comply with the guidelines, notices and instructions pertaining to the use of the Santika Indonesia Site issued by SIHR from time to time. SIHR reserves the right to revise these Terms of Use at any time, and users of the Santika Websites are deemed to be aware of and bound by any changes to these Terms of Use upon their publication on the Santika Websites. ii. You agree and undertake NOT to: (a) use any software or material that contains a virus or damaging component which may corrupt the Santika Websites's data or interfere with the operation of the Santika Websites. (b) transmit any materials or information through the Santika Websites which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect, contains any viruses or damaging components which may detrimentally interfere with the Santika Websites or the operation of the Santika Websites; or (c) use the Santika Websites other than in conformance with the acceptable use policies of any connected computer networks and any applicable internet standards. 3. Intellectual Properties i.The intellectual property rights in the Content and Santika Websites are owned, licensed to or controlled by SIHR or its licensors. SIHR aggressively enforces its intellectual property rights to the fullest extent of the law. ii.Any reproduction, republication or distribution of any of the Content of the Santika Websites without the express written consent of SIHR is prohibited. Without prejudice to the generality of the foregoing, no part or parts of the Santika Websites or any Content may be displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of SIHR or other copyright owners. Permission will only be granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. iii.The names of “Santika Indonesia”, “Amaris Hotel by Santika” and the components of its logo are registered trademarks, owned by the following company: PT Grahawita Santika iv. The Santika Websites may display, contain or make reference to trademarks, service marks, trade names, logos, and patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of SIHR and / or other parties. Nothing on the Santika Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the name of SIHR or any trademarks, service marks, trade names, logos, patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of SIHR and / or other parties, without the prior written permission of SIHR or other applicable owner. SIHR expressly prohibits the use of the name of SIHR and any other trademark, service marks, trade names or logos owned by SIHR in any manner, without the prior written permission of SIHR. v. With respect to all contents of transmissions or communications you make or submit through the Santika Websites, which do not contain personal information (for personal information please see the Privacy Policy Statement, including but not limited to feedback questions, comments, suggestions and the like: (a) You shall have no right of confidentiality in such contents of transmissions or communications and SIHR shall have no obligation to protect your communications from disclosure; (b) SIHR shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to SIHR a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same; and (c) SIHR shall be free to use any ideas, concepts, know-how or techniques contained in such contents of transmissions or communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. vi. You are solely responsible for all contents of your transmissions or communications through the Santika Websites, and you hereby warrant and represent that you have the right and authority to submit such contents of transmissions or communications, and that such contents of transmissions or communications do not infringe the intellectual property rights or any other rights of any third party. 4. Warranties / Representation i. No Binding Offer The Content of the Santika Websites is intended for informational purposes only and does not in any case constitute a legally binding offer. For more detailed information regarding the Online Reservation Service, please check the relevant Santika Websites and its overview section. ii. No Reliance (Accuracy, Reliability and Completeness of Site) While SIHR makes good faith efforts to verify that the Content of the Santika Websites is accurate, complete and current, SIHR or its contractual partners make no express or implied warranty or representation (including liability towards third parties) as to its accuracy, reliability or completeness, and expressly disclaims any liability for errors, delays or omissions in the Content or for any action taken in reliance on the Content. iii. SIHR reserves the right to, from time to time and without giving any reason or prior notice, change, upgrade, modify, add to, cancel, suspend or discontinue the provision of or remove, whether in whole or in part, this Santika Websites or Content or any information, functionalities, documents, products, services and other material (including any software and these Terms of Use) available on the Santika Websites, and shall not be liable if any such change, upgrade, modification, addition, cancellation, suspension or removal prevents you from accessing this Santika Websites or associated information, functionalities, documents, products or services. iv. The Santika Websites contains information on SIHR’s worldwide products and services, not all of which are available in every location. A reference to a SIHR product or service on the Santika Websites does not imply that such a product or service is or will be available in your location. 5. Liability Waiver i. Your use of the Santika Websites or reliance on any Content is at your own risk. Under no circumstances shall SIHR and / or its contractual partners, any of its affiliates, officers, directors, employees, subsidiaries or parents be liable for any loss, damages or expenses, whether direct, indirect, punitive, special, incidental, or consequential damages or economic loss, and including, without limitation, lost revenues or lost profits, whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly out of or in any way connected to the access to or use of, reliance on, or inability to access or use, the Content or the Santika Websites, or resulting from the access to, or inability of access to linked Websites, whether based on contact, tort, strict liability or otherwise, even if SIHR and / or its suppliers has / have been advised of the possibility of damages. ii. The Content of the Santika Websites is provided 'AS IS' and ‘AS AVAILABLE’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, satisfactory quality or fitness for a particular purpose, or non-infringement of third party rights. 6. No Warranty For Virus-Free Content i. SIHR assumes no responsibility for, and makes no warranty that, any of the Content or that the Santika Websites will be provided uninterrupted or error-free, that any identified defects will be corrected, or that the Santika Websites (including its Content) or the servers that make it available will be free of any viruses or other malicious, destructive corrupting code, agent, program, macros or other harmful components. 7. Password restricted areas of the Santika Websites i. Access to and use of password protected and/or secure areas of the Santika Websites are restricted to authorised users only. You may not obtain or attempt to obtain unauthorized access to such parts of the Santika Websites, or to any other protected information, through any means not intentionally made available by us for your specific use. ii. Where you have been issued with a password, personal or log-on identification number and other code and access procedures (such items to be referred to as “Security Code”) by SIHR, for use in connection with access to the Santika Websites. You hereby agree to keep the Security Code issued to you confidential. You are to notify SIHR immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorized use of the Security Code. iii.You agree and acknowledge that any use of or access to the Santika Websites and any information or data referable to your Security Code shall be deemed to be (i) use or access of the Santika Websites by you; or (ii) information or data transmitted or validly issued by you, or both and you agree to be bound by any access or use (whether such access or use are authorised by you or not) referable to your Security Code, and you agree that SIHR shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. 8. Links i. No responsibility for or endorsement of linked web sites The Santika Websites may contain links to other web sites or content on the Internet, which are owned or operated by third parties. Such linked web sites or content are not under the control of SIHR and SIHR is not responsible for the information, products, services or other material obtained on such other web sites and will not be liable for any damages arising from the access to or use of such a web site. The inclusion of these links does not imply an endorsement of the linked sites, the content therein including any linked addresses. You agree that your access to or use of such linked web sites or content is entirely at your own risk. ii. No linking without consent of SIHR The insertion of a hyperlink to the Santika Websites, on any other website or webpage or "mirror" of the content on any other server is prohibited without express, prior written consent of SIHR. i. General Information Please take into consideration that the World Wide Web is a publicly accessible system. SIHR does not warrant the security of any information transmitted by you or to you through the Santika Websites. Each time personal information is made available online this is done at your own risk, and you accept the risk that any information transmitted or received through this Santika Websites might be lost under way or may be accessible to unauthorised third persons. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet. ii. Browsing The Santika Websites is not configured to collect any identifiable personal information from the visitor while browsing on it. It collects information for general statistical purposes only. Unless you voluntarily provide SIHR with your personal information (for example your first and last name, title, mailing address, e-mail address, telephone and fax number, language, employer, business title, divers preferences regarding accommodation and travel habits or other personal identifying information) it will not be available to SIHR. iii. Internet Protocal (IP) Address Every time you browse the Internet an IP address is automatically assigned to your computer. When users request a page from the Santika Websites, SIHR's servers log the user's current IP address. IP addresses are used to diagnose problems. iv. Cookies The Santika Websites puts to use 'cookie' technology. These cookies are designed to facilitate your visit on Santika Indonesia's Site. v. Encryption System When you provide personal information as for example your name, address or credit card number while making a reservation, your information is encrypted. After your information reaches SIHR it is stored on a secure server that resides behind a firewall. The firewall is designed to block access to this data from outside SIHR. 10. Personal Data and Privacy i. Data protection is very important to SIHR and the personal information (any personally identifiable information relating to you) of our customers is treated confidential, in accordance with our Privacy Policy Statement. When we need to collect information from you, we generally ask you to voluntarily supply us with the required data. ii. Please note that your acceptance of Privacy Policy Statement is a condition of these Terms of Use. 11. Force Majeure SIHR shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Santika Websites’s operation, or for any inaccuracy, unreliability or unsuitability of the Santika Websites’s Contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom SIHR is not responsible for). 12. Delegation SIHR may delegate the performance of any of its functions in connection with the Santika Websites and reserves the right to use any agents on such terms as it deems appropriate. 13. Termination You agree that SIHR may, at its sole discretion, deny you access to the Santika Websites for any reason, including without limitation, if SIHR believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in SIHR’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Santika Websites. 14. Governing Law and Jurisdiction By accessing and using any services of the Santika Websites, you and SIHR agree that all matters relating to and / or any disputes arising out of your access to, or use of the Santika Websites shall be governed by and interpreted and construed and enforced exclusively in accordance with the laws of Republic of Indonesia.
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