Terms of Service
Last updated: 4 February 2018
Who are we?
Indonesia Expert or IndEx ( “us”, “we” or “our” as the context requires) is a business providing instant online travel search services, other tour and travel related services, foods and webshop to users throughout the world via our websites, apps and other platforms.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site.
IndEx is not a travel agent and is not responsible for providing, setting or controlling the prices applicable to, any of the travel options or products which you may search for, find on and/or book via the search engine. All products are provided by other third parties and are subject to the terms and conditions imposed by those third parties. IndEx platforms are provided by Indonesia Expert VOF, registered in the Netherlands with KvK number 70105162.
These terms and conditions (“Terms”) govern your access to and use of the Index Services and/or Platforms and constitute a legal agreement between you and IndEx. By using the IndEx Services and/or Platforms, you are confirming that you have read, understood and agreed to these Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Some of the IndEx Services and/or Platforms might impose different terms and conditions on your use of those services. Where that is the case, you will be notified of that and will be required to confirm your acceptance of those terms and conditions.
We may modify the Terms from time to time. If these Terms are amended, we shall display the revised terms and conditions on or via the IndEx Services and/or Platforms.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with IndEx, and any inconsistencies among the different versions will be resolved in favor of the English version.
Using the IndEx Services
You may only use the IndEx Services and Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive license to download, access and use the IndEx Services and/or Platforms for your own personal purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:
- Use the IndEx Services and/or Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with IndEx;
- Use the IndEx Services and/or Platforms for any commercial purpose or in any manner which may cause damage to IndEx or bring IndEx into disrepute;
- Disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the IndEx Services and/or Platforms, except as permitted by law;
- Copy, distribute, communicate to the public, sell, rent, lend or otherwise use the IndEx Services and/or Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the IndEx Services and/or Platforms;
- Use or interfere with the IndEx Services and/or Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- Introduce onto, or transmit via, the IndEx Services and/or Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
- Remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the IndEx Services and/or Platforms or pass off or attempt to pass off the IndEx Services and/or Platforms as the product of anyone other than IndEx;
- Use any automated computer program or application to scan, copy, index, sort or otherwise exploit the IndEx Services and/or Platforms or any part thereof;
- Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by IndEx;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website.
You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.
Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Where you sign up to any feature of, or use IndEx Services and/or Platforms that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with IndEx.
By creating an account, you agree to receive certain communications in connection with the Site. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. To the extent that any element of the IndEx Services and/or Platforms is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
Sharing information with us
To the extent that the IndEx Services and/or Platforms allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with IndEx or other IndEx users (“User Content”), you agree that:
- You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
- We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
- We are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the IndEx Services and Platforms (together, the “Intellectual Property Rights”) are owned by or licensed to IndEx. You acknowledge that by using the IndEx Services and/or the Platforms, you will not acquire any right, title or interest in or to IndEx Services and/or Platforms or in or to the Intellectual Property Rights except for the limited license to use the IndEx Services and Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the IndEx Services and/or Platforms in source-code form. We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the IndEx Services and/or Platforms, please send us a written notification of such infringement.
Making travel bookings via IndEx
IndEx is not a travel agent and is not responsible for providing any travel options displayed via the IndEx Services and/or Platforms or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via the IndEx Services and/or Platforms are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”). IndEx facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.
Limitations and exclusions of liability
These Terms set out the full extent of IndEx’s obligations and liabilities in respect of the IndEx Services and Platforms.
IndEx has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the IndEx Services and/or Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via IndEx, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with IndEx. Where the IndEx Services and/or Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on the IndEx Services and/or Platforms. Each individual advertiser is solely responsible for the content of its advertising material and IndEx accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the IndEx Services and/or Platforms or breach of these Terms.
IndEx may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. IndEx may suspend your use of the Services and/or Platforms without notice at any time, without incurring any liability to you whatsoever.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing IndEx with a notice of termination here.
You acknowledge that your un-authorized use of the IndEx Services and/or Platforms may result in irreparable damage and injury to IndEx and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such un-authorized use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the IndEx Services and/or Platforms.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the IndEx Services and/or Platforms.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please contact us immediately.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the IndEx Services and/or Platforms, to the extent permitted by law these Terms and your use of the IndEx Services and/or Platforms shall be governed in accordance with the laws of the Netherlands and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of the Netherlands to resolve any disputes which may arise hereunder.
If you require further information about IndEx or have any suggestions concerning how to improve the IndEx Services and/or Platforms, please contact us. Our customer service team is always ready to help you. You can contact us by using the contact information in our website or by submitting a message in our contact form on Contact Page.
Indonesia Expert Group
Tel no: +31 (0) 686 430 793
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