Xplorin along with the Xplorin mobile platform is owned and operated by the Indonesia Tourism Development Corporation (“ITDC”) Companies and its affiliated company of PT ITDC Nusantara Xplorin (“Xplorin” or “Us”). Xplorin was established under the Laws of the Republic of Indonesia with a Tourism Business, Licensing and Registration Certificate issued by DKI Jakarta Provincial Government No. 13/Y.1/31.71.06/-1.858.8/2019 dated 12 March 2019, we provide website and platforms available for iOS and Android (“Platforms”), as well as various media and other platforms that will be available in the future. By accessing or using any part of the platform, you acknowledge that you have read and understood, and agree to the Terms and Conditions (“T&C” or “terms”) and other terms relation to our platform. If you do not agree to be bound by these terms, you may not access or use any part of the platform. These terms consitute a binding legal agreement between you as individual user (‘you” or “user”) and Xplorin. You must be at least 18 (eighteen) years old or have been mature and legal capacity according to the applicable laws to use our platform.
Xplorin’s Scope of Services
1. Through platform Xplorin and affiliated company with Xplorin provides online platform where the Providers of attractions and field trip tours and other services related to tourism can advertise, market, sell promote and/or offer their product and services for ordering, purchase, reservation, rental or another services that may arise at the future (“Vendor”). After you confirm the payment, then you use our service where you directly or indirectly have a legal relationship with the Vendor, where you make a reservation or purchase a product or service. In this case we act as an intermediary between you and the Vendor. We send reservation details to Vendor as well as to you, and we do not sell, rent, offer any goods or services on our platform.
2. Bearing in mind, that we do not guarantee that all information provided by the Vendor on the platform is complete, accurate, most correct, and up-to-date. We are not responsible for any errors (including placement and errors typing) of the information provided by the Vendor, if the information is felt false or misleading.
3. If you feel that there is a discrepancy in the information provided by the Vendor and cause the information that you or other users get is not in accordance with the actual conditions then you are welcome to contact our Customer Support and they will help you according to our procedures.
4. In providing the services we provide an online platform to connect you with Vendors. To the extent permitted by law, we are not responsible or liable for the acts or omission of a Vendor, and you have sole responsibility for any obligations or liabilities to Vendors. We do not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Vendors listed on the platform, and in no event shall we responsible or liable for any information, content, products, services or other materials provided or made available by Vendors. Vendors may be introduced in the form of different classes based on algorithms that can be update and change as per our discretion.
5. In certain cases, we have the right to not accept or refuse a reservation as long as it is in accordance with the laws and regulations, and we can cancel the booking confirmation at our sole discretion for any cause without giving reasons for the rejection or refusal or cancellation. The reason for rejecting booking confirmation or reservation including but not limited to: breach of these terms, trade or economic sanctions by global or national authorities, embargo, prohibitions of criminal laws in Indonesia, user providing inaccurate, error or misleading information, communication problem with payment channel, inappropriate information or transactions, communication difficulties or interruptions, or being placed on a “black list” by governments or international organizations. We may delete your account at any time, either temporarily or permanently, Permanently deleted user cannot be allowed to use the platform under another name or other users.
6. Every payment related to the booking or reservation of the Services shall be made directly to our bank account or another settled channel. Unless we are required to keep these funds based on the request of the relevant Vendor in accordance with the separated Agreement between us and the Vendor, all such fund will be the property of Xplorin and amounts will be due and payable to the relevant Vendor when the service to which payment relates are provided or at any other applicable time require by the relevant Vendor. Xplorin shall not responsible for the validity if the reservation, if the payment is not being made by Xplorin’s payment channel that we provided.
Prices, Special Promos, and Additional Fee
The prices offered by Vendors in Xplorin are very competitive, our policies include follow below:
a. You acknowledge that information regarding product facilities or ticket prices provided by Vendors may different from those of other service providers. The prices that we display include taxed according to the tax regulation in Indonesia and other service fee;
b. The prices on our platform may change depending on the availability of the order, the length of the order and/or the available quota;
c. We have no obligation to notify in changes of prices as referred to in the previous point;
d. The prices displayed have special terms and conditions for example, in relation with changes, cancellations, and refund that we adjust according to the policies of each relevant Vendor.
2. Special Promos
a. We may able to appear the prices below the prices provided by the Vendor at certain times in accordance with our policies and procedures;
b. You will realize that we have a fully rights to set a special promos beside the promotion from the certain Vendor;
c. If there is a promotion provided by the Vendor, the rights and authority over the promotion are entirely under different T&Cs and will not apply to reservation made through Xplorin.
3. Additional Fee
a. Each price appear on Xplorin is valid and remain in Xplorin, and the price may be change depends on the availability of the order, the length if the order and/or other factors. You agree the responsibility to verify the fees you have to pay and other details once the payment confirmation on email has been sent, and you have full authority to cancel the order at any time before final confirmation. If there are certain conditions, Xplorin may charge additional fees as a result of your cancelation in accordance with the policies and procedures that we have regarding with cancellations;
b. Some vendor will charge additional facilities for your convenience beyond what is specified in the User and Vendor Agreement;
c. At certain time we and/or the Vendor may charge and bill a facility or service beyond the price appeared on payment confirmation. The additional fee and additional charge to additional facilities is at the discretion from us and/or the Vendor.
Payment with Credit Card
1. For payment of booking or reservation through our platform using a credit card, we will send your credit card bill in the amount with the costs incurred from your order (refund may be given depending on the existing booking conditions). You must check the order confirmation before you make a payment. Xplorin will process the refund, according to your request and the funds will be processed according to our policies. For certain orders or reservations, you may make the payments with the Vendor directly. To protect your credit card information as it is sent tou us, we use encryption technologies such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to ensure the capabilities of your information.
2. In the case your credit card uses by unauthorized by third parties or indicate by criminal. You must contact your bank or card issuer immediately after realizing such unauthorized use. In such case, Xplorin has no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such action was carried out through our platform extent that such action is not from Xplorin’s fault or as required by the provision of law and regulation and Xplorin does not have an obligation to make a refund or make a payment back to you as a result of the above actions. As a form of our goodwill, we can provide a form of compensation to you in accordance with our policies. If you realize an unauthorized order using your credit card made on our platform, you can contact the Xplorin Customer Support contact listed in our platform.
3. To make a reservation on Xplorin, you must be aged minimum 18 (eighteen) years old or have full legal capacity to make the transaction (or have authorization from your egal guardian). You must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient fund to cover the transaction costs. Any fee incurred by you for authorizing a transaction that results in an over-drawing of your account are not our responsibility.
4. You shall ensure that the details you provide to us are completely accurate. Xplorin reserves the right to not accept certain credit cards, and we have a right to add or reduce payment channel according with our policies.
5. In certain case, we may require additional information to validate and confirm the booking or your reservation. Reservation is not finished until you have received a confirmation email with ticket or voucher. You need remember there is possibility that the Vendor can implement a verification during the booking process that is separate from our verification. If there is an indication of a crime or has occurred, then your booking will be automatically cancelled. Xplorin is not responsible for cancellations may by the Vendor if there is request form additional information requested by the Vendor, if you choose not to provide such information, the order or reservation will not be completed and will be considered cancelled.
Cancellation, Reschedule, and Refund
a. With making an order or reservation through our platform, you accept and agree to the relevant Vendor’s T&C, including the cancellation and/or absence, or specific request which may be given to the Vendors. Xplorin is not responsible for any violation of these terms and conditions, or which are based on the user’s specific request, so please read the Vendor’s terms and conditions carefully before you make a booking, order or reservation through Xplorin.
b. Regarding with the cancellation, the Vendor and/or Xplorin may be able to withhold or take a certain amount you paid for.
c. You must verify the booking in the booking confirmation that we send by email, and you can cancel the booking at any time before the final confirmation is made. The prices displayed are very detailed so you can see the amount to be paid, any additional fees caused by using a credit card or interbank transfer fees will be charged to you, and if there is a shortage in the amount paid, we can provide a notification by email in the form of a shortage. This is in accordance with the procedures made between us and the relevant Vendor.
d. In the event that you cancel a booking or reservation, Xplorin has the policy to refund the amount you paid or refund a part of the amount that has been deducted from the costs that have been incurred by us as a result of operational costs for cancellation in accordance with our policies with the Vendor.
Any changes including but not limited to the number of rooms, dates and other special requests related to and referring to the cancellation policy when made a booking or reservation. You need to know that there may be additional charge as a result of the reschedule that you have previously agreed. We will assist you with changes, but it possible that the reschedule are not allowed by the Vendor according their policies. We and the Vendor in this case have full authority regarding the rejection or approval of the change request by you and this policy is absolute from the Vendor and we are not responsible for the consequences of the change request to you or the Vendor.
a. Refunds can be made by us according tou our policies and consideration in situations such as you cannot use the ticket that you have ordered due to a technical error from the Vendor and/or Xplorin such as but not limited to ticket unavailability, wrong schedule record, overpayment, and others wich are purely the fault of the Vendor and/or Xplorin.
b. The redund process will only be carried out on working days and does not apply on national holidays, weekends, and/or national holidays. Refund will be made by paying attention to the process and payment method made by you previously.
c. We and/or Vendors have the right to charge and take administrative fees from the amoung of fees you pay by not closing possibility after using certain promotional coupons or discounts from us and it is possible that the refunded funds will be deducted by other costs that arise such as but not limited to transfer fees, credit cards, administrative, operational, and other payment and administrative fees.
d. For every transaction using a credit card, the refund is made by adding a credit card limit. You hereby acknowledge that the credit card limit refund process will involve other Vendors (e.g payment system providers, banks, payment gateway providers) takes time and cannot be done as soon as possible and you acknowledge that at any time there may be errors or technical actions in the payment system.
e. Refund process will be adjusted to the laws and regulations, Xplorin’s policies and/or Vendors. First of all we will investigate and verify the order before giving a refund according to the amount you paid, minus the costs incurred from us, including but not limited to administrative fees, transfer fees, credit card fees, and other operational costs. After the order has been successfully verified by Xplorin, the refund will be sent to the account or other payment channel that we provide.
User Rights and Obligation
1. Xplorin hereby grants the user certain limited rights constituting a (“Limited License”), which cannot be transferred or assigned, to access and use the platform to the extent expressly permitted by these T&C. Regarding with a Limited License, we are not granting you any other rights or license with respect to use of the platform, rights or license not expressly granted are reserved by Xplorin or other third party owners of such license. Content available on the platform, including any information, data, text, images, sound, graphics, video, messages, review, or other materials, including the software infrastructure used to provide the content (“Content”), is wholly owned by Xplorin or its suppliers and service providers, including but not limited to the Vendor. You can use the platform to place orders and you hereby guarantee that you will not submit false reservation request. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
2. You agree to not use the platform or the Content for commercial purposes or either directly or indirectly other than for personal use or unlawful purposes or to take any action that violates these T&Cs except with Xplorin’s written consent, you agree not to modify, copy, distribute, transmit, display, perform, reverse engineering, publish, license, create derivative works from Xplorin, transfer, sell, resell any information, software products or service that we provide. In addition you agree not to:
a. Use the platform for commercial purposes without permission from Xplorin;
b. Perform any action that imposes or may imposes platform infrastructure;
c. Access monitor or copy any Content on the platform using technology, software, or any program either manually or automatically for any purpose without writter permission from Xplorin;
d. Reproduce or reverse engineer our platform either in a whole or in a part on another platform without Xplorin’s prior written consent;
e. Send or sell products using our platform that violates laws, regulations, or that can support criminal;
f. Send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
g. Send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secret, and other confidential information;
h. Send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on contractual relations;
i. Send or store any material containing software viruses, worms, trojan horses or other harmful computer code;
j. Use the platform in any manner which could damage, disable, obstruct, or interfere with the use of the platform or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
k. Gain unauthorized access or perform unauthorized modification to the platform or other related website, other accounts, computer systems, networks connected to the platform through hacking, password theft or other similar matters;
l. Engage in fraudulent acts or actions that aim to manipulate search engine results page (“SEO”). SEO practices considered unethical or to constitute “spamdexing” include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comment containing spam and other matters;
m. Any other action which may adversely affect or result in damage to platform, or it is Xplorin’s affiliated and employee, or Xplorin’s reputation;
n. By placing an order through our platform, you hereby represent and warrant that you are not subject to any prohibitions or resrictions by any sanctions program, or subject to any penalties under any anti-money laundering laws.
Intellectual Property Rights
1. All intellectual property rights (“IPR”), including but not limited to copyrights, patents, domain names, trademarks, service marks, logos, symbols or other designs etc., in Content on the Xplorin and it is affiliated companies or by the Vendors or other third parties that Xplorin has a commercial arrangement with. All information and materials, including but not limited to text, data graphics, images, sounds, html code, and other code on the platform are prohibited to be published, modified, copied, reproduced, duplicate or altered in any way outside the area of the platform without express written permission of Xplorin. If you violate these rights, Xplorin reserves the right to bring a civil clain for the full amount of damages or losses suffered and if it is deemed necessary and there are elements of a criminal act, we will report the matter to the authorities.
2. Xplorin and/or it is affiliated companies are the owners of certain IPR. Except as expressly set out in these T&C, nothing in these T&C shall be construed as granting you a license or any rights, implied or otherwise, to use possess, distribute or modify any of Xplorin’s IPR. Other product and company names contained on the platform, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licesed for use by third parties. Use of third party IPR on the platform is not considered a recommendation or sponsorship for the platform. Xplorin owns copyright to the platform, and you must not uses, possess distribute or modify any of the IPR owned by Xplorin and its affiliated companies without express permission from Xplorin.
3. The whole of the Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from Xplorin.
4. Xplorin shall not responsible for IPR owned by third parties or for your and/or other party’s infringement of IPR owned by third parties.
5. You can use the information on the platform only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright law, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the platform without the permission of the owner of the IPR. Even if you obtain the necessary permission, you must not make changes or deletion. You hereby accept and agree that downloading any Content does not grant you any IPR in that Content.
Update of Terms and Conditions
We reserve the right at any time to make updates or changes in the form of additions and/or subtractions of all or part of the clause of these T&C from time to time without prior notice and all changes that we make will be notified through the Xplorin platform. We expect you to periodically check this policy. By accessing and using our service on an ongoing basis, we immediately assume that you have understood and agreed to all the T&C listed on our platform at the time.
For you who acces our platform, both Indonesian citizens and foreign citizenship who are subject to the legal domicile of their countries, then based on these T&C, you will be subject to and governed by and/or interpreted in accordance with applicable laws in Indonesia, without affecting the principle of the rule of law. Any dispute related to this policy must be resolved with the exclusive jurisdiction of the South Jakarta District Court for the first instance.
Xplorin shall not be liable for any non-performance or violation of these terms, such as for transaction failure, restricted access to the platform, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure”). Force Majeure event include but not limited to the natural disaster (flood, earthquakes, forest burning), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in law or regulation, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstration, bankruptcy or insolvency of our Vendor, and cyber attacks.
If you have any further questions or any request related with our T&C please do not hesitate to contact our Customer Support through channel displayed on our platform.