Article 1 - A Brief About Ready Bali platform
Ready Bali is an online platform (hereinafter the “Platform”) developed and operated by JAZEKER B.V. having its registered business address as Meester P.J. Troelstraweg 147A 8919 AA, Leeuwarden, The Netherlands, KVK: 80342809, BTW: NL861638372B01.
Ready Bali is an online Platform that allows customers to book a variety of recreational activities in Bali and its surrounding areas. The aim is to provide a platform for customers and service providers to connect and easily book desired activities. Customers can sign up, choose the category of services they need, and make payments for their chosen activities.
Ready Bali also strives to provide trustworthy service providers on its platform. The Platform is designed to complement existing recreational activity booking systems by saving customers time and energy in finding the best merchants.
The Platform also offers detailed descriptions and reviews from previous customers to help users make informed decisions. Additionally, Ready Bali offers a secure payment system to ensure the safety of transactions for both customers and service providers. With a user-friendly interface, Ready Bali allows customers to browse through a wide range of activities such as surfing lessons, spa treatments, and cultural tours. The Platform also offers detailed descriptions, reviews, and ratings for each service provider to ensure transparency and help customers make informed decisions. By streamlining the booking process, Ready Bali aims to enhance the overall experience of tourists visiting the region and promote local businesses.
Article 2 - THE AGREEMENT
The use of our services is provided by our online platform (hereinafter “Ready Bali”) for its registered customers through the registered Merchants and are subject to the following Terms and Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of the Ready Bali Platform (hereinafter referred to as the “Platform”) and any content and services provided by or through the Platform.
Article 3 - DEFINITIONS
The parties which have been referred to in this agreement are:
Us, We Our, Ours: JAZEKER B.V. as the creator, owner, and operator, of the Platform and Ready Bali will be referred to as Us, We, Our, Ours.
You, being the Customer or the Merchant will be referred to as You, Your, Yours, or as User or Customer in this agreement.
The parties to this Agreement (JAZEKER B.V, and You) will be referred to as Parties.
Article 4 - ACCEPTANCE
By using the Ready Bali an online platform, you warrant that you have read and reviewed this Agreement and that you are bound by each of its clauses governing the use of this Platform. If you do not agree to be bound by this Agreement, please hold the use of the Platform. Ready Bali only provides use of its Platform content and Services to you if you assent to this Agreement.
Article 5 - RESTRICTIONS
You must be at least 18 (eighteen) years of age to use this Platform its content or any Services contained herein. By using this Platform, you represent and warrant that you are at least 18 years of age and legally agree to this Agreement. Ready Bali assumes no responsibility or liability for any misrepresentation of your age.
Article 6 - LICENSE
Ready Bali provides you with certain information as a result of your use of this Platform its content or Services. Such information may include but is not limited to, documentation, data, or information developed by Ready Bali and their registered merchants. Materials which may assist in your use of the Platform content or its Services ("Ready Bali Content") Subject to this Agreement, Ready Bali grants you a non-exclusive, limited, non-transferable, and revocable license to use this Content and services solely in connection with your use of the Platform. Ready Bali Content shall not be used for any other purpose, and this license terminates upon your cessation of use of the Platform its content, or Services or at the termination of this Agreement.
Article 7 - INTELLECTUAL PROPERTY
You agree that the user-generated content on the Platform and all Services provided by Ready Bali are the property of Ready Bali, all copyrights, trademarks, patents, and other intellectual property belongs to (“Ready Bali”). You agree that Ready Bali owns all rights, title, and interest in and to the Platform and that you will not use the Platform for any unlawful or infringing purpose including providing illegal services. You agree not to reproduce or distribute Ready Bali IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from JAZEKER B.V.
Article 8 - USER REGISTRATION AND ACCOUNT SERVICES
As a customer and Merchant of the Platform Contents or Services, You are asked to register with us. When you do so, you will be provided with a username and password which is your identifying information on the platform. You will be asked to provide your personal information, including, but not limited to, your name, contact number, email ID, physical address, and the address. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Platform its content and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you hereby agree to notify us immediately by writing an email to us, you are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Platform or Services to further fraud or unlawful activity are grounds for immediate termination of this Agreement.
Article 9 - USER CONDUCT
You agree not to use the Platform, its content, or Services for any unlawful purpose or any purpose prohibited under the law and in this agreement. You agree not to use the Platform, its content, or Services in any way that could damage its content and Services.
You the customer hereby acknowledge and agree not to:
Article 10 - RELEASE AND HOLD HARMLESS
You as a customer and the Merchant agree to defend and indemnify JAZEKER B.V., its owners, partners, employees, contractors, agents, and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the services provided or services obtained by your use of the Platform its content or Services, your breach of this Agreement, or your conduct or actions.
Though JAZEKER B.V. takes enough and ample steps for the screening to make sure the service providers are properly registered, have an office, and check the proof of their professionalism and skills, JAZEKER B.V. or Ready Bali does not accept responsibility for transaction or service relationship between the customer and the Merchant. You agree that your use of the Platform its content or its Services is at your own risk, and you agree to release, hold harmless, and indemnify JAZEKER B.V., its owners, partners, employees, contractors, agents, and any of its affiliates from any legal or moral liability.
No guarantee or warranty of any kind either for the Customers or the Service Provider on the platforms is provided in any form by JAZEKER B.V. The users must apply their minds while providing or receiving the services.
Article 11 - MODIFICATIONS OF AGREEMENT
Ready Bali, from time to time and at any time without notice to you, may modify this Agreement. You agree that Ready Bali has the right to modify this Agreement and its Platform content and services or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and those modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any competent court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
You agree to routinely monitor this Agreement and refer to the Effective Date posted at the bottom of this Agreement to note any modifications or variations. You agree that your continued use of the Platform after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
If you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
Article 12 - PAYMENTS
You understand and agree that the use of Ready Bali while booking the services will result in payments by you for the services you receive or provide ("Charges").
If any Merchant provides the services, an applicable fee will be charged in accordance with the agreement between the merchant and Ready Bali.
Likewise, if any Customer obtains the services, an applicable fee will be charged in accordance with the fee of the merchant.
If you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
You understand and agree that:
Ready Bali reserves the right to establish, remove, and/or revise Charges for any or all aspects of the Services at any time at our sole discretion.
Article 13 - CANCELLATIONS AND REFUNDS
The Merchant reserves the right to establish their own terms and conditions regarding cancellations:
The Merchant reserves the right to cancel bookings up to 24 hours prior to the scheduled reservation due to unforeseen circumstances. Alternatively, the timing may be adjusted to one day prior, contingent upon the prevailing weather conditions.
The default cancellation terms are as follows:
In the event that a merchant decides to cancel a booking within 24 hours of the scheduled activity, they will incur a penalty equivalent to 15% of the whole cost. However, it is important to note that a minimum penalty of 150 IDR will be imposed regardless of the total amount which will be passed on to the Client in the form of a discount credited to their accounts.
In the event that Customer assert their arrival at the Merchant's establishment yet find no personnel there. In order to facilitate a refund, it is important that the Customer substantiates their claim with appropriate evidence for a refund.
In the event of cancellation, the funds will be returned to the customer without any obligation of Payment by JAZEKER B.V. to the Merchant.
The refund amount will be sent to the customer in the same account from which the payment was made within 7 days of the cancellation.
Article 14 - BOOKING MODIFICATIONS
To modify or reschedule bookings, customers can contact our customer service team or the merchant either through phone or email. Our dedicated representatives will assist them in making the necessary changes to their reservations. However, please note that modifications may be subject to availability and any applicable fees or limitations set by the booking policies of the merchant. We kindly request customers provide sufficient notice for any changes, as last-minute modifications might incur additional charges or restrictions based on specific circumstances.
Article 15 - CUSTOMER COMPLAINTS
The merchant bears the responsibility of managing and addressing customer complaints and claims. Ready shall not assume any liability for any potential issues or mishaps that may occur.
Article 16 - CUSTOMER RESPONSIBILITIES
Customers have a responsibility to follow all safety guidelines and instructions provided by the activity organizers or facility staff. This includes wearing appropriate safety gear, such as helmets or life jackets, and using equipment correctly. Additionally, customers should be aware of their own physical limitations and only participate in activities that are suitable for their fitness level and abilities.
It is extremely important for the customer to submit accurate and up-to-date emergency contact information, such as a phone number, email address, or mailing address so that Ready Bali or the Merchant can get in touch with them as soon as possible in the event of any urgent inquiries or emergencies.
The customer shall be responsible for their own decisions, by providing clear and transparent information about age or health restrictions, customers can make informed decisions about their participation. This not only helps prevent any potential accidents or injuries but also enhances customer satisfaction by avoiding any disappointments or misunderstandings.
Article 17 - TERMINATION
We may terminate this Agreement with you at any time for any reason, with or without cause. we specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Ready Bali or a third party, failing to comply with applicable laws of the province of Bali or Indonesia or other legal obligations. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Article 18 - WARRANTIES
You agree that your use of the Platform its content and Services is at your sole and exclusive risk and that any Services provided or availed by you are on an "As Is" basis. Ready Bali hereby expressly disclaims all express or implied warranties of any kind, we make no warranties that the Platform its content, or its Services will meet your needs, we do not warrant that the Platform its content, or its Services will be uninterrupted, error-free, or secure. Ready Bali also makes no warranties as to the reliability or accuracy of any information and content on the Platform. You agree that any damage that may occur to you, from your use of the Platform content and its Services provided or obtained is your sole responsibility and Ready Bali is not liable for any such damage or loss.
Article 19 - LIMITATIONS
Ready Bali is not liable for any damages that may occur to you as a result of your use of its Platform its content or Services, to the fullest extent permitted by law, the maximum liability of Ready Bali arising from or relating to this Agreement is limited to the greater of the fees you paid for any services to Ready Bali. This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 20 - GOVERNING LAW AND DISPUTE RESOLUTION
This agreement shall be governed and construed in accordance with Dutch law. In the event of a disagreement between the Parties concerning or originating from this Agreement, the Parties will initially make an effort to personally and sincerely resolve the dispute. In the event that these efforts to resolve the matter are unsuccessful, the involved parties will proceed to engage in binding arbitration to settle the dispute.
Any conflicts that arise from the current agreement or subsequent agreements will be resolved following the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The designated jurisdiction for arbitration shall be Leeuwarden, The Netherlands. The proceedings will be conducted using the English language.
All legal proceedings related to the arbitration in the Netherlands will be exclusively handled by either the Leeuwarden District Court or the Leeuwarden Court of Appeal, depending on their respective jurisdictions. These proceedings will be conducted in English before the Chambers for International Commercial Matters, which includes the NCC District Court, the NCC Court in Summary Proceedings, and the NCC Court of Appeal. It should be noted that this is subject to the limitations imposed by the law. These proceedings are subject to the application of the NCC Rules of Procedure. This provision does not have the intention of precluding an appeal to the Supreme Court.
Article 21 - FORCE MAJEURE
The parties to this agreement shall not be held responsible for any liability for any delays caused by Acts of God, such as natural disasters, fire, accidents, or any other factors beyond the control of either party.
ARTICLE 22 - AMENDMENTS AND ASSIGNMENTS
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.
This agreement may only be amended by JAZEKER B.V. In the event of any amendments, the Agent will be notified through mail; alternatively, the Agents are expected to see the effective date at the end of this agreement.
Article 23 - CONTACT
If you have any queries or concerns, you may write to us at:
For any queries: support@readybali.com
Effective Date: 15-10-2023