Scope of Bali.love Services

1. The Bali.love Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Vendors” and the services they offer are “Vendor Services”) to publish such Vendor Services on the Bali.love Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Vendor Services (Members using Vendor Services are “Clients”). Vendor Services may include the offering of products and services to Bali Wedding clients.

2. As the provider of the Bali.love Platform, Bali.love does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Vendor Services. Vendors alone are responsible for their Listings and Vendor Services. When Members make or accept a booking, they are entering into a contract directly with each other. Bali.love is not and does not become a party to or other participant in any contractual relationship between Members. Bali.love is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

3. If you choose to use the Bali.love Platform as a Vendor, your relationship with Bali.love is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Bali.love for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Bali.love. Bali.love does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.

Eligibility, Using the Bali.love Platform, Member Verification

1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Bali.love Platform or register a Bali.love Account. By accessing or using the Bali.love Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2. Bali.love may make access to and use of the Bali.love Platform, or certain areas or features of the Bali.love Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

3. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members.

Modification of these Terms

1. Bali.love reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Bali.love Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Bali.love Platform will constitute acceptance of the revised Terms.

Account Registration

1. You must register an account (“Bali.love Account“) to access and use certain features of the Bali.love Platform, such as publishing or booking a Listing. If you are registering a Bali.love Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

2. You can register a Bali.love Account using an email address and creating a password.

3. You must provide accurate, current and complete information during the registration process and keep your Bali.love Account and public profile up-to-date at all times.

4. You may not register more than one (1) Bali.love Account unless Bali.love authorizes you to do so. You may not assign or otherwise transfer your Bali.love Account to another party.

5. You are responsible for maintaining the confidentiality and security of your Bali.love Account credentials and may not disclose your credentials to any third party. You must immediately notify Bali.love if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Bali.love Account. You are liable for any and all activities conducted through your Bali.love Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

Ratings and Reviews

1. Within a certain timeframe after completing a booking, Clients and Vendors can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Bali.love. Ratings and Reviews are not verified by Bali.love for accuracy and may be incorrect or misleading.

2. Ratings and Reviews by Clients and Vendors must be accurate and may not contain any offensive or defamatory language.

3. Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

4. Ratings and Reviews are part of a Member’s public profile.

Content

1. Bali.love may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bali.love Platform (“Member Content“); and (ii) access and view Member Content and any content that Bali.love itself makes available on or through the Bali.love Platform, including proprietary Bali.love content and any content licensed or authorized for use by or through Bali.love from a third party (“Bali.love Content” and together with Member Content, “Collective Content“).

2. The Bali.love Platform, Bali.love Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Australia and other countries. You acknowledge and agree that the Bali.love Platform and Bali.love Content, including all associated intellectual property rights, are the exclusive property of Bali.love and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bali.love Platform, Bali.love Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Bali.love used on or in connection with the Bali.love Platform and Bali.love Content are trademarks or registered trademarks of Bali.love in Australia and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Bali.love Platform, Bali.love Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Bali.love Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bali.love or its licensors, except for the licenses and rights expressly granted in these Terms.

4. Subject to your compliance with these Terms, Bali.love grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Bali.love Platform and accessible to you, solely for your personal and non-commercial use.

5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Bali.love Platform, you grant to Bali.love a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Bali.love Platform, in any media or platform. Unless you provide specific consent, Bali.love does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

6. You acknowledge and agree that Bali.love shall have the right to use any images, including video footage, for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you.

7. You acknowledge and agree that Bali.love shall have the right, without further notice or compensation to the Vendor, to use or develop the Vendor’s intellectual property, or make the Vendor’s intellectual property available to its personnel or other third parties, for the purpose of promoting the Vendor’s services on the Bali.love Platform, for example, building a landing page, registering domain names for marketing purposes and any other means deemed necessary to effectively promote the Vendor’s Services. The Vendors agrees they will not have any right to retain ownership over any intellectual property developed and used by Bali.love for the purposes of providing services on the Bali.love platform, It is acknowledged by the Vendor that all intellectual property rights which were created through the performance of the Bali.love services immediately and automatically vests in Bali.love upon their creation, free of any encumbrance.

8. You are solely responsible for all Member Content that you make available on or through the Bali.love Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Bali.love Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bali.love the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Bali.love’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9. You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Bali.love policy. Bali.love may, without prior notice, remove or disable access to any Member Content that Bali.love finds to be in violation of these Terms or Bali.love’s then-current Policies, or otherwise may be harmful or objectionable to Bali.love, its Members, third parties, or property.

10. Bali.love respects copyright law and expects its Members to do the same. If you believe that any content on the Bali.love Platform infringes copyrights you own, please notify us.

Vendor & Client Terms

1. Terms specific for Vendors
   

   1. When creating a Listing through the Bali.love Platform you must (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Bali.love. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

   2. You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.

   3. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

   4. Pictures, animations or videos (collectively, “Images“) used in your Listings must accurately reflect the quality and condition of your Vendor Services. Bali.love reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

   5. The placement and ranking of Listings in search results on the Bali.love Platform may vary and depend on a variety of factors, all of which are at Bali.love’s absolute discretion.

   6. When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Vendor Service(s) to the Client as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes.

   7. Bali.love recommends that Vendors obtain appropriate insurance for their Vendor Services.

   8. If you choose to require a deposit for your Services, you must specify this in your Listing (“Deposit“). Vendors are not allowed to ask for a Deposit after a booking has been confirmed or outside of the Bali.love Platform. Bali.love will use commercially reasonable efforts to address Vendors’ requests and claims related to Deposits, but Bali.love is not responsible for administering or accepting any claims by Vendors related to Deposits.

   9. You represent and warrant that any Listing you post and the booking of, a Service will (i) not breach any agreements you have entered into with any third parties, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Vendor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who otherwise provide the Service at your request or invitation, excluding the Client and any individuals the Client invites.

2. Terms specific for Clients
   

   1. Subject to meeting any requirements (such as completing any verification processes) set by Bali.love and/or the Vendor, you can book a Listing available on the Bali.love Platform by following the respective booking process. All applicable fees, including the Listing Fee, Deposit (if applicable) and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Bali.love Account.

   2. Upon receipt of a booking confirmation from Bali.love, a legally binding agreement is formed between you and your Vendor, subject to any additional terms and conditions of the Vendor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Bali.love will collect the Total Fees at the time of the booking request or upon the Vendor’s confirmation pursuant to the Payments Terms. For certain bookings, Clients may be required to pay or have the option to pay in multiple instalments.

   3. If you are booking for a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Vendor Service if accompanied by an adult who is responsible for them.

Payment

1. Service Fees
   

   1. Bali.love may charge fees to Vendors (“Service Fees“) in consideration for the use of the Bali.love Platform. Any applicable Service Fees (including any applicable Taxes) will be displayed to a Vendor prior to publishing or booking a Listing. Bali.love reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective

2. Payment Terms
   

   1. Bali.love will deduct any Service Fees from the Listing Fee before remitting the payout to the Vendor. The Service Fees is generally 20% (twenty percent). This fee is calculated from the booking subtotal and is automatically deducted from the payout to the Vendor.

   2. Rounding off and Currency Conversion
      

      1. Bali.love generally supports payment amounts that are payable from or to Clients or Vendors to the smallest unit supported by a given currency. Where Bali.love’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Bali.love may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Vendors to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency).

   3. Taxes
      

      1. As a Vendor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes“).

Best Price Guarantee

1. Vendors warrant that, if, at any time prior to the booking start date, a written quote is received for a like product or service, and the price is lower than the price on the Bali.Love published listing or any active booking, Bali.Love will adjust the price to match the lowest price. 

Cancellations and Refunds

1. Modification
   

   1. Vendors and Clients are responsible for any modifications to a booking that they make via the Bali.love Platform or direct Bali.love customer service to make (“Booking Modifications“) and agree to pay any additional Listing Fees or Service Fees and/or Taxes associated with such Booking Modifications

2. Cancellations
   

   1. Clients may cancel a confirmed booking at any time and Bali.love will refund the amount of the Total Fees due to the Client in accordance with the below.

   2. Where the Client cancels:
      

      1. within seven (7) days of the booking the cancellation fee due is 100% of total fees;

      2. more than 121 days of booking, the cancellation fee due is 50% of the Total Fees;

      3. within 120 days to 61 days, the cancellation fee due is 75% of the Total Fees;

      4. less than sixty (60) days before the date of Service, the cancellation fee due is 100% of the Total Fees.

   3. Unless extenuating circumstances exist, any portion of the Total Fees due to the Vendor under the applicable cancellation policy will be remitted to the Vendor by Bali.love pursuant to the Payments Terms.

3. Refunds
   

   1. If a Vendor cancels a confirmed booking, the Client will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation. In some instances, Bali.love may allow the Client to apply the refund to a new booking, in which case Bali.love will credit the amount against the Client’s subsequent booking at the Client’s direction. Further, Bali.love may publish an automated review on the Listing cancelled by the Vendor indicating that a booking was cancelled. In addition, Bali.love may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Vendor has a valid reason for cancelling the booking.

   2. In certain circumstances, Bali.love may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons including but not limited to (i) where Bali.love believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Bali.love, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

   3. If a Client suffers an extenuating circumstance, Bali.love may determine, in its sole discretion, to refund the Client part or all of the Total Fees in accordance with the Client Refund depending on the nature of the extenuating circumstance suffered.

   4. If, as a Vendor, your Client cancels a confirmed booking or Bali.love decides that it is necessary to cancel a confirmed booking, and Bali.love issues a refund to the Client in accordance with these Terms or other applicable cancellation policy, you agree that in the event you have already been paid, Bali.love will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.

   5. All determinations of Bali.Love with respect to the Client refund, including without limitation the size of any refund, shall be in Bali.Love’s discretion, and final and binding on the Clients and Vendors.

Dispute Resolution

1. Bali.love is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with Bali.love, and (2) if, 30 days after the date the dispute arises, the Members fail to settle the dispute a referral to mediation, with a mediator chosen by Bali.love or by the President for the time being of the Law Society of Victoria.

2. Members agree to cooperate with and assist Bali.love in good faith, and to provide Bali.love with such information and take such actions as may be reasonably requested by Bali.love, in connection with any complaints or claims made by Members. A Member shall, upon Bali.love’s reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Bali.love or a third party selected by Bali.love or its insurer, with respect to losses for which a Member is requesting payment from Bali.love.

3. Neither the Vendor or the Client will disparage or denigrate the other or Bali.love.

4. You must not make any public statements in relation to a dispute without the prior written consent of Bali.love. You acknowledge the importance of maintaining public confidence in the integrity of the Bali.love platform and the Services provided.

5. You and Bali.love acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, or any other representative proceeding as to all Disputes. Further, unless you and Bali.love both otherwise agree in writing, the mediator may not consolidate more than one party’s claims

6. This Section 10 will survive any termination of these Terms and will continue to apply even if you stop using the Bali.love Platform or terminate your Bali.love Account.

Prohibited Activities

1. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Bali.love Platform. In connection with your use of the Bali.love Platform, you will not and will not assist or enable others to:
   

   1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies;

   2. use the Bali.love Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Bali.love endorsement, partnership or otherwise misleads others as to your affiliation with Bali.love;

   3. copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Bali.love Platform in any way that is inconsistent with Bali.love’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;

   4. use the Bali.love Platform in connection with the distribution of unsolicited commercial messages (“spam”);

   5. contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Bali.love Platform

   6. use the Bali.love Platform to request, make or accept a booking independent of the Bali.love Platform, to circumvent any Service Fees or for any other reason;

   7. request, accept or make any payment for Listing Fees outside of the Bali.love Platform or Bali.love. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Bali.love harmless from any liability for such payment;

   8. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;

   9. use, display, mirror or frame the Bali.love Platform or Collective Content, or any individual element within the Bali.love Platform, Bali.love’s name, any Bali.love trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Bali.love Platform, without Bali.love’s express written consent;

   10. dilute, tarnish or otherwise harm the Bali.love brand in any way, including through unauthorized use of Collective Content, registering and/or using Bali.love or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Bali.love domains, trademarks, taglines, promotional campaigns or Collective Content;

   11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Bali.love Platform for any purpose;

   12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Bali.love or any of Bali.love’s providers or any other third party to protect the Bali.love Platform;

   13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Bali.love Platform;

   14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Bali.love Platform; or

   15. violate or infringe anyone else’s rights or otherwise cause harm to anyone.

2. You acknowledge that Bali.love has no obligation to monitor the access to or use of the Bali.love Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Bali.love Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Bali.love in good faith, and to provide Bali.love with such information and take such actions as may be reasonably requested by Bali.love with respect to any investigation undertaken by Bali.love or a representative of Bali.love regarding the use or abuse of the Bali.love Platform.

3. If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bali.love by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

Term and Termination

1. Term
   

   1. This Agreement shall be effective for a 30 day term, at the end of which it will automatically and continuously renew for subsequent 30 day terms until such time when you or Bali.love terminate the Agreement in accordance with this provision.

2. Termination
   

   1. You may terminate this Agreement at any time by sending us an email. If you cancel your Bali.love Account as a Vendor, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your Bali.love Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

   2. Bali.love may terminate this Agreement at any time by giving you thirty (30) days’ notice via email to your registered email address.

   3. Bali.love may immediately, without notice, terminate this Agreement and/or stop providing access to the Bali.love Platform if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Bali.love believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bali.love, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

3. Other measures
   

   1. In addition, Bali.love may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Bali.love Account registration, Listing process or thereafter, (iv) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Bali.love otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Bali.love believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bali.love, its Members, or third parties, or to prevent fraud or other illegal activity:
      

      1. refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;

      2. cancel any pending or confirmed bookings;

      3. limit your access to or use of the Bali.love Platform;

      4. temporarily or permanently revoke any special status associated with your Bali.love Account;

      5. temporarily or in case of severe or repeated offenses permanently suspend your Bali.love Account and stop providing access to the Bali.love Platform.

4. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Bali.love and an opportunity to resolve the issue to Bali.love’s reasonable satisfaction.

5. If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of pre-existing cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

6. When this Agreement has been terminated, you are not entitled to a restoration of your Bali.love Account or any of your Member Content. If your access to or use of the Bali.love Platform has been limited or your Bali.love Account has been suspended or this Agreement has been terminated by us, you may not register a new Bali.love Account or access and use the Bali.love Platform through a Bali.love Account of another Member.

7. If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

Disclaimers, Liability and Indemnification

1. Disclaimers
   

   1. If you choose to use the Bali.love Platform, you do so voluntarily and at your own risk. The Bali.love Platform is provided “as is”, without warranty of any kind, either express or implied.

   2. You agree that you have had whatever opportunity you deem necessary to investigate the Bali.love Services, laws, rules, or regulations that may be applicable to your Listings and/or Vendor Services you are receiving and that you are not relying upon any statement of law or fact made by Bali.love relating to a Listing.

   3. If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

   4. You assume full responsibility for the choices you make before, during and after your participation in a Vendor Service. If you are bringing a minor as an additional Client, you are solely responsible for the supervision of that minor throughout the duration of your Vendor Service and to the maximum extent permitted by law, you agree to release and hold harmless Bali.love from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you or that minor during the Vendor Service or in any way related to your Vendor Service.

   5. While we may help facilitate the resolution of disputes, Bali.love has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Bali.love does not endorse any Member, Listing or Vendor Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Bali.love about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use Vendor Services.

   6. To promote the Bali.love Platform and to increase the exposure of Listings to potential Clients, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Bali.love cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.

   7. The Bali.love Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bali.love is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bali.love of such Third-Party Services.

   8. Due to the nature of the Internet, Bali.love cannot guarantee the continuous and uninterrupted availability and accessibility of the Bali.love Platform. Bali.love may restrict the availability of the Bali.love Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Bali.love Platform. Bali.love may improve, enhance and modify the Bali.love Platform and introduce new Bali.love Services from time to time.

   9. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

2. Liability
   

   1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Bali.love Platform, your publishing or booking of any Listing via the Bali.love Platform, your participation in any Vendor Service, or any other interaction you have with other Members whether in person or online remains with you.

   2. Neither Bali.love nor any other party involved in creating, producing, or delivering the Bali.love Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Bali.love Platform (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Bali.love Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Vendor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Bali.love has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

   3. Except for our obligations to pay amounts to applicable Vendors pursuant to these Terms or an approved payment request under the Bali.love Vendor Guarantee, in no event will Bali.love’s aggregate liability arising out of or in connection with these Terms and your use of the Bali.love Platform including, but not limited to, from your publishing or booking of any Listings via the Bali.love Platform, or from the use of or inability to use the Bali.love Platform or Vendor Service, or interactions with any other Members. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Bali.love and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

3. Indemnification
   

   1. You agree to release, defend (at Bali.love’s option), indemnify, and hold Bali.love and its affiliates and subsidiaries, including but not limited to, Bali.love, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms and/or our Policies, (ii) your improper use of the Bali.love Platform or any Bali.love Services, (iii) your interaction with any Member, participation in a Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.

General Provisions

1. Variation
   

   1. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Bali.love and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Bali.love and you in relation to the access to and use of the Bali.love Platform.

2. Relationship of Parties
   

   1. No joint venture, partnership, employment, or agency relationship exists between you and Bali.love as a result of this Agreement or your use of the Bali.love Platform.

   2. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

3. Severance: If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

4. No Waiver: Bali.love’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

5. Assignment: You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Bali.love’s prior written consent. Bali.love may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

6. Notices: Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Bali.love via email, Bali.love Platform notification, or messaging service (including SMS). The date of receipt will be deemed the date on which Bali.love transmits the notice.

7. Governing Law and Jurisdiction: This Agreement shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.

8. Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.