Terms & Conditions

Online shop Terms and Conditions – Alila Hotels and Resorts

 

The following terms and conditions ("Terms") apply to your use of the Alila Hotels and Resorts website (the "Website") and to any and all orders you place for products available through this Website (the "Products") (including our agreement to sell you such Products if we accept your order). These Terms should be read alongside, and are in addition to, our [privacy policy] (the "Privacy Policy"). Please read these Terms carefully and print a copy for your future reference. By placing an order for Product(s) through the Website, or otherwise using the Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as may be amended from time to time). 

 

Product descriptions

 

All Product descriptions and illustrations shown on the Website are provided in good faith but are intended as guidance only. We have made reasonable effort to display as accurately as possible the colours of our Products that appear on the Website. However, the actual colours of our Products may not be accurately shown on your computers as that would depend on the resolution of your computer. From time to time there may be information on this Website that contains errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness or accuracy of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right to change any Product descriptions, illustrations and prices of Products stated on this Website at any time without notice.

 

Prices

 

All prices shown on the Website are in United States Dollars. Prices shown on the Website do not include delivery, packaging or other charges, which will be calculated and added to any order you place and which is to be paid on check out. For international deliveries (i.e. deliveries outside of Indonesia), you will be responsible for any import charges (including any charges for customs clearance), duties and taxes which may be levied in your country and payment of these import charges, duties and taxes may be necessary to release your order from customs upon arrival. Whilst we will use reasonable endeavors to keep prices up-to-date on the Website, we reserve the right to alter prices at any time. 

 

Intellectual Property

 

You acknowledge that, as between you and us, we are the owners or licensees of all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future rights in the nature of intellectual property rights anywhere in the world (collectively, the"IPR") subsisting in or relating to the following: (i) the Products and (ii) the Website including, without prejudice to the generality of the foregoing, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organisation, presentation, user interface, navigation and stylistic convention of the Website (collectively, the "Website Content").You are granted a non-exclusive, revocable, limited, non-transferable, non-sublicensable right to use the Website Content through your computer, or other device to browse the Website or executing transactions on the Website during the session in which you visit the Website. You do not acquire any ownership interests in any IPR in the Website Content or Products by accessing, browsing or otherwise using the Website.  Except solely for the purposes of permitting your computer, or other device to browse the Website or executing transactions on the Website, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Website Content. If, in the course of your interaction with the Website, the use of any features on the Website, execution of transactions of any description on the Website or any use of the Website or Website Content, any intellectual property rights should arise and vest with you, whether by operation of law or otherwise, you agree to hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR in the same throughout the world with full title guarantee and free from encumbrance absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR, and all associated rights to sue for past, present and future infringements. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to such subject matter. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms or to establish, perfect, preserve or enforce our rights under these Terms. You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, any business purposes or to copy or disseminate, for commercial purposes, the Products to any other persons.

We respect the IPR of others and require other users to do the same. 

 

Please note that the notice must at a minimum:

 

1.for allegations of infringement of Copyright, complaints should be made in writing and be signed by the complainant (if you are the person complaining, this would be you), stating at least the following particulars:

 

(a)the name and address of the complainant; 

(b)where the complainant is acting on behalf of a copyright owner or an exclusive licensee, the name and address of the copyright owner or exclusive licensee; 

(c)the complainant’s address for service/ receipt of correspondence; 

(d)a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted; 

(e)sufficient particulars to enable us to — 

(i)identify the material in respect of which copyright is alleged to have been infringed; 

(ii)identify and locate the electronic copy alleged to be an infringing copy of the material referred to in sub-paragraph (i), including the online location of that electronic copy; and 

(iii)identify and locate the means by which we are alleged to have referred or linked a user of any network to the online location of the electronic copy referred to in sub-paragraph (ii); 

 

2.the written statement also needs to confirm that the complainant (or you if you are making the complaint), in good faith, believes that the electronic copy alleged to be infringing is an infringing copy of the material identified in 1(e)(i) and it must contain a clear request for us to remove or disable access to that electronic copy or disable access to the same. If applicable law permits, then, as a condition of complying with your request, we may also require that the complainant (or you if you are complaining) agree to submit to the jurisdiction of a relevant court for the purposes of any proceedings relating to the complained of infringement.

 

The applicable law in some jurisdictions may prescribe a specific or different set of rules or procedures and if we receive a written statement in circumstances which indicate to us that those rules may apply, we will be in touch with you to confirm the additional requirements. You agree that you (or any complainant) will withhold action until such rules or procedures are complied with.

 

Upon receipt of the notification in compliance with the relevant rules or procedures, we will remove or disable access through the Website of the relevant alleged infringing material and we will advise further on follow up procedures as may be applicable under law including any rights or obligations to reinstate the disabled or removed content.

 

Payment for the Products

 

All payments (including delivery, packaging and other charges) must be made upon checkout. During the checkout process, you will be asked to provide us with your payment details. All highlighted fields must be completed. Please note that we will only collect, store and use your information in accordance with our Privacy Policy. All Products will not be shipped to you until we have received payment in full for your order. If your payment is not authorised, we will cancel your order and notify you in writing via e-mail that we have done so. If we cannot supply you with the Products that you have ordered for whatever reason (including, but not limited to, the following reasons:(a) where we are unable to deliver the Products to you due to any restrictions under the laws of the country in which you reside or (b) where the Product is no longer available, we will cancel your order and inform you of this as soon as reasonably possible. We will also give you a full refund where you have already paid for such Products which we cannot supply you with. Please do not send any unencrypted credit card details via email to Alila Hotels and Resorts. 

 

Delivery of the Products

 

Orders are shipped Monday through Friday, excluding public holidays in Indonesia. Any orders placed on Saturday or Sunday will be shipped the following week. Title to and risk of ownership of the Products (including the risk of loss and/or damage to the Products) shall pass to you at the point of shipment (i.e. when we ship the Products out). We shall not be liable for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control. We aim to process and dispatch Products within 5 working days from the date on which we accept your order. If you are still waiting for the delivery of your Products after 14 working days following your order acceptance confirmation, please contact us by email to shop[at]alilahotels.com. 

 

Cancellations and Refunds / Rejection or Non-Delivery due to Regulatory Matters

Orders may be cancelled, and a full refund provided to you, only if our customer service host receives an email from you requesting that your order be cancelled before the Products in your order have been collected for delivery by our freight partner. Our customer service host can be contacted at shop[at]alilahotels.com

In addition, we reserve the right not to accept your order. Such non-acceptance may result, for example, from the fact that the Products ordered are out of stock, that we are unable to obtain authorisation for payment from your credit card company, our courier partner is unable to deliver to your stated delivery address, or regulatory requirements (including, without limitation, industry regulations, export or import control restrictions, customs restrictions, etc.) in your jurisdiction prohibit us to confirm acceptance of your order, or fulfill your order.

It is not our intention to export or sell Products to you in your jurisdiction if this is unlawful or contravenes the law in your jurisdiction. As these rules will vary from time to time, and though we may endeavour to scope our order and delivery policies accordingly, you are responsible for ensuring that the purchase, importation and use of the Products in your jurisdiction is lawful. In the event that any delivery to your address fails, interdicted or otherwise prevented from entering into your jurisdiction on account of the foregoing, we will refund you the purchase payments less the cost of delivery and return of the Products, and you agree we may reject further orders for the relevant Products or be indemnified by you for the infringing orders which we have executed or acted on. 

We reserve the right to withdraw any Product from our website or restrict their supply to any jurisdiction from time to time. 

Exchanges

Products that have been delivered to you may not be exchanged for other Products unless damaged beyond use.  

Replacement or Exchange of Damaged Products

Products received by you that are damaged beyond use may be exchanged for new products of the same type or different products to the same or lesser value. For exchanges on damaged Products, please photograph the received Products on the day of receipt and email the images to us at shop[at]alilahotels.com. Our customer service host will revert to you directly with guidance on how to arrange the exchange. Each exchange enquiry will be handled on a per case basis. We will do everything possible to expedite your claim.

 

Please note that the exchange of any Products that were purchased directly from any hotel in the Alila Hotels and Resorts group is not governed by these Terms. Please contact the relevant hotel directly for the return or exchange of any such products. 

 

Product liability

 

We will use reasonable skill and care in fulfilling any order placed that is accepted by us. However, we exclude, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or punitive loss howsoever caused arising out of or in connection with the use of this Website or the information, content, materials or Products (including, without limitation, loss of revenue, loss of opportunity, loss of reputation, loss of profit, loss of anticipated savings, increased costs of doing business) to the fullest extent permitted by law. Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage in connection with any Products which we have supplied to you shall be limited to the sums paid or payable for such Products.

 

Except in respect of death or personal injury caused by Alila Hotels and Resorts' negligence, and to the fullest extent permitted by law, neither Alila Hotels and Resorts nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or Products contained therein.

 

We will not be liable for any failure or delays in performing our obligations under these Terms arising from any cause that is beyond our control, including acts of God, explosions, storms, typhoons, floods, tempests, fires or accidents, wars or threats of war, epidemics, terrorist acts, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; riots, strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery. In the event of any such delay, the time of our performance shall be extended bya period equal to the time lost by reason of the delay which shall be remedied with all due despatch in the circumstances.

 

Website liability

 

We provide the content on the Website in good faith but give no warranty or representation that any of the Website, Website Content is accurate, complete or up-to-date, nor that the Website or the Website Content does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website or Website Content, we accept no liability for them. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof. This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party. We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website with immediate effect if you breach any of these Terms. FOR THE AVOIDANCE OF DOUBT, THE WEBSITE AND WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY, LEGALITY OR FITNESS FOR DISTRIBUTION OR REPUBLICATION, OR USEFULNESS OF WEBSITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE WEBSITES OR YOUR DOWNLOADING OF ANY WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE WEBSITE.EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR INABILITY TO USE THE WEBSITE, OR FOR ANY WEBSITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED SINGAPORE DOLLARS (SGD100), WHICHEVER IS GREATER.

 

The foregoing limitations shall not apply to any claims for damages or loss suffered as a result of physical injury or death arising from the Website and Website Content for which we are legally liable.

 

Amendments to these Terms

 

We may update or amend these Terms from time to time to comply with any applicable laws or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website or ordering any further Products from us, you agree to be bound by the terms of these updates and amendments. 

 

Other important terms

 

(i)These Terms constitute the entire agreement and understanding between you and us and neither of us has entered into these Terms in reliance upon any representation, warranty or undertaking which is not set out or referred to in these Terms.

 

(ii)Save as provided in these Terms, neither of us shall assign, transfer, charge or otherwise deal with all or any of its rights under these Terms nor grant, declare or dispose of any right or interest in it without the prior written consent of the other person. You agree that Alila shall be entitled to assign its benefit and rights under these Terms to any third party. Any such assignee or transferee shall be entitled to the full benefit of these Terms to the same extent as if it were an original party in respect of the rights or obligations assigned or transferred to it.

 

(iii)No failure on our part to exercise, and no delay on our part in exercising, any right or remedy under these Terms will operate as a waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

 

(iv)The illegality, invalidity or unenforceability of any Term under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other Term.

 

(v)A person who is not party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms, but this does not affect any right or remedy of a third party which exists or is available apart from the said Act.

 

(vi)These Terms shall be governed by, and construed in accordance with, the laws of the United Kingdom. The Parties agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.

 

Electronic Transactions

Your Account

 

The Website offers functions and features which may only be accessible if you open an account ("Your Account") or otherwise provide user or registration information, including user names and passwords ("Your User Information"), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Website the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Website. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy, which is incorporated in these Terms by reference for all purposes.

 

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorised use of Your Account or Your User Information, and of any and all other security breaches.

 

We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you breach theseTerms of use, or conduct yourself in a manner detrimental to the integrity, security and operation of the Website or any information systems connected or in operation with the same, we reserve the right to permanently terminate Your Account.  

 

Your Purchases

 

The Website offers functions and features which permit you to purchase Products. In order to use these features, you will be required to provide information or taking further steps as prompted (e.g. without limitation, identifying the relevant mailing address for delivery, confirming your identity / the identity of the party making the purchase, and provide information such as credit card details (via third party online payment portals / services such as Paypal) in finalising and confirming your agreement to the purchase (which constitutes your acceptance of the terms of purchase under these Terms read with any other terms as may have issued or recorded in the purchasing process and / or summarised before checkout or final confirmation (collectively, a "Signing").

 

You represent and warrant that you have the legal right, power and authority to agree to enter into the purchase transaction through the use of the Website, whether the purchase is ultimately on behalf of yourself or a third party buyer. You further agree and acknowledge that the Signing includes the provision of unique or confidential information (e.g. credit card numbers, personal details etc.) which you warrant are confidential and are used only with your authority, such that the Signing constitutes an "electronic signature" as defined in UK Electronic Communications Act 2000, or equivalent or materially similar concepts in equivalent or similar legislation in other territories as may be applicable (e.g. without limitation, "electronic  signatures" under the Singapore Electronic Transactions Act 2010, "electronic signatures" under the United States Electronic Signatures in Global and National Commerce Act, the United States Uniform Electronic Transactions Act etc.), and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated these Terms and acknowledged and agreed that these Terms are an electronic record for purposes of such applicable legislation, and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.

 

You acknowledge and agree further that we are entitled to (a) assume that the Signing reflects your authentication that a binding order or instruction has been placed by or on behalf of the person identified as the purchaser, and (b) act on or in accordance with such order or instruction on the basis that such Signing was issued on lawful authority.

 

Electronic records and transactions generally

 

We may (but owe no duty to) decline to act on an order or instruction issued to us and authenticated by a Signing where such order or instruction is ambiguous, incomplete or inconsistent with any other order or instruction or where there is any other indication which (in our view and absolute discretion) indicates that the order or instruction cannot be relied or acted upon. If we so decline to act, we may notify the named persons and/or parties as well as relevant authorities as soon as reasonably practicable thereafter. We may further defer taking further action until any issues have been satisfied in our sole and absolute discretion.

 

You agree that you will not dispute the validity or enforceability of electronic transactions and use of electronic communications in connection with the use of the Website and, to the extent permissible under the applicable law, you will waive any argument , defence or objection as to the legal effect, validity or enforceability of any order, instruction, transactions or matter conducted through the Website that is based on the ground that any relevant writing or written document is in the form of an electronic record.

 

You agree that neither the authenticity nor accuracy of the contents of any electronic records, documents or output generated by or through the Website will be disputed and agree to their admissibility without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules or regulations.

 
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