1. Who is responsible for managing my information?
2. What information do we collect?
If you choose to make a booking through us we will collect details that you provide in relation to that booking. Information held is likely to include your name, date of birth, contact details, payment details, information about people traveling with you, information about your booking and any additional information we may need to help meet your specific travel requirements. If you choose to let your holiday accommodation with us we will collect details such as your name, contact details, bank account details and details regarding the accommodation you wish to let. We also collect website usage information. We do this using cookies (see section 9 below).
3. How do we use your information?
The information you provide may be used in a number of ways, for example:
- to enable us to complete your booking (if you are booking a holiday)
- to enable us to advertise your holiday accommodation, transfer payments due to you and to provide related support services (if you are letting your holiday accommodation through us)
- for statistical purposes when we evaluate our range of services
- to personalise repeat visits to our websites
- to tell you about other products and services we think may be of interest to you (see section 6 below)
- to manage customer service queries
- to help us to provide details or information you may have requested
4. Who will you share my information with?
In order to provide you with the products and services that we offer we may share your information with:
- other members of our group of companies and their service providers (see also section 5)
- credit/debit card companies
- our preferred insurance provider(s) (if you purchase the personal travel insurance policy we offer)
- other third parties who we may need to work with to fulfill travel plans on your behalf, for example, resorts, management companies, owner’s associations, airlines, villa owners and other suppliers
If you agree, we may also pass on your information for the purposes of conducting a credit check.
We may also pass on your information to our group of companies and selected third parties so that they may offer you their products and services or in connection with any marketing initiatives we have in place with third parties.
5. How do you manage my information?
We may from time to time appoint other members of our group of companies, or third party service providers, to help us manage efficient systems within the business. Some of these systems may for operational reasons be located in countries overseas. We will only transfer your information to service providers who help manage our systems, or overseas, where we are satisfied that adequate levels of protection are in place to protect the integrity and security of any information being processed and compliance with applicable privacy laws.
6. When can we contact you in the future?
We would like to send you information about our own products and services, as well as those of selected third parties. We may do this by post, telephone, email or SMS, unless you have told us that you do not wish to be contacted in this way. We will always ask you to confirm in advance that you are happy for us to allow third parties to contact you by email.
If you would like to change any of your preferences relating to the way in which we may use your information for direct marketing, then please send an email to us at email@example.com or call us on …..
7. How long will we hold your information for?
We have a system of retention periods in place to ensure that your information is only stored whilst it is required for the relevant purposes or to meet legal requirements. Where your information is no longer required, we will ensure it is disposed of in a secure manner.
8. “Tell a friend” programme
We may from time to time ask you if you would like to tell us about a friend or family member whom you think may be interested in our products and services. In this case, we will ask you for your friend’s name and contact details. We will then send your friend a one-time communication to see whether our products and services may be of interest to them. We do not access or store their details other than to send this initial communication.
9. What are cookies?
Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity. You can set your browser not to accept cookies but if you do this not all features of our website may function effectively. For further information on cookies and how to disable your browser visit www.aboutcookies.org
10. How can you access and update your information?
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please email or write to us at the address below. Please note that we may charge a small administrative fee for the provision of this information.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate.
11. Does the policy apply to linked websites?
12. When do you monitor telephone calls?
We may from time to time record telephone calls you have with members or our staff for training purposes and to improve the quality of our service.
Island Villa Club’ websites are owned and operated by CV Top Deal Indonesia (hereinafter called the Company or we or us or our), trading as Island Villa Club, with its principal offices located in Bali
Island Villa Club acts as an agent for owners and managers of villas, apartments, suites and resorts. The agreement between the Company and the person making the booking (hereinafter called the Customer or you) is valid only after a booking is received by the Company together with the appropriate deposit, or the Company has accepted and authorised a credit card payment given by the Customer online, over the telephone or fax, and the booking has been confirmed to the Customer by the Company.
By signing the booking form, or by ticking the “I agree” box on Island Villa Club website booking form the Customer accepts these conditions and confirms that he or she is authorised to do so on behalf of all other persons named on the booking form thus forming a contract between the Company and the Customer; which in turn forms a contract between the owner or property manager of your chosen villa and the Customer. These booking terms and conditions must be read in conjunction with individual property policies.
Prices are advertised in USD per property per night. Rates quoted allow for maximum occupancies of the villa as shown in the provided information on the website. The number of guests staying in a property cannot exceed the maximum number of guests published or agreed in the bookings confirmation.
3. Price guarantee
Island Villa Club guarantees the price of your accommodation will not change after you have made your booking and we have issued a confirmation invoice. The offer does not apply to misquotes or pricing errors.
Enquiries are held for a maximum of 48 hours and to secure the booking we require a written email/fax/mail confirmation and deposit. We will send an invoice by email, or regular mail. The standard terms are, we take a 20-50% deposit when you book your accommodation, and the balance is payable 60 -75 days prior to your arrival.
Where extras such as cots, high chairs, or extra beds are required some properties may have an additional charge. However if the property does not have such items the customer will be informed of that at the time of booking and may be required to hire additional equipment.
Special requests (for example early check-in or late check-out) are not guaranteed, however we will always do our best to comply with these provided they are made well in advance of your departure. To secure a late checkout in Bali the rate is 50% of the daily fee to stay until 6pm or deal by villa
The villa must be informed if the Customer is planning to hold a dinner party or special function exceeding the maximum recommended number of guests during their stay and prior to booking the villa. For larger functions, additional costs may apply such as special permit fees and extra staff hire.
5.3 Car Rentals
Our office staff will be happy to arrange to provide car rentals for guests. We liaise with several reputable car rental operators on the island, all offer English speaking drivers. All car arrangements are made for you with no profit us and therefore we can offer you very competitive rental rates. For high season period we recommend that you book your car well in advance. Most rental cars to not have seat belts in the back passenger seats.
5.4 Airport Transfers
Return airport transfers are in included for bookings with a minimum stay of 4 nights for guests arriving / departing same flight (Bali only). For all other destinations an additional fee applies for this service.
6. Payment conditions
A deposit of 20%-50% of the price of your villa, resort, suite or apartment is payable at the time of booking. The balance of your holiday as shown on the Confirmation Invoice must be paid in full at least 60 days before your arrival, or where the booking takes place less than 60-75 days before your arrival the full amount is due immediately to secure the booking. If the balance is not paid 60 days before your arrival we reserve the right to retain the deposit, cancel your booking and apply our cancellation charges as set out in Clause 7 below. Villa rates are categorised in low, high and peak seasons.
6.1 Payment Methods
You can pay online via credit card (all major cards accepted) . There is an additional 3% fee added to the invoice. We also accept International bank transfers. This can be paid in USD or other currency ( IDR,AUD ) and please request this option at the time of booking. You are responsible for all bank fees.
7. Changes or Cancellations made by the Customer
The Customer must notify changes or cancellations made to the booking to the Company in writing. We will do our best to assist where possible with any reasonable changes made by the Customer, but they may not be possible. An administrative charge of USD $100 per booking for each change shall apply in addition to any costs levied by our supplier as a result of the change of details. Such charges will be notified to the Customer. Where the Customer has requested a change to the date of the holiday less than 60 days prior to arrival, the holiday booking shall be deemed cancelled and the cancellation charges referred to below will apply.
Any changes to the number of people in your party must be advised to us as soon as possible and where applicable any payment required by you in respect of additional persons shall be made in full if the change is requested less than 60 days prior to arrival.
In the event that you cancel a confirmed booking, the following penalties will generally apply:
20% of the total rental amount will be forfeited if the cancellation is made more than 60 days before arrival
50% of the total rental amount will be forfeited if the cancellation is made between 30 and 60 days before arrival
100% of the total rental amount will be forfeited if the cancellation is made between 1 and 29 days before arrival
The applicable penalty amount will be deducted from the amount of your deposit, and the Company will refund any remaining balance to you.
8. Changes or Cancellations made by the Company
8.1 Minor Changes
Most alterations or changes to confirmed holiday arrangements are minor, for example the withdrawal of facilities at your accommodation; changes made by the property owner or manager but not advised to us; typographical errors within the property description. We will always do our best to advise you of such changes.
We always inform you of any changes that may have taken place since descriptions were written/checked, or since you made your booking, just as soon as we are made aware. Holidays are planned well in advance, and there may be times when our property owners alter or temporarily withdraw services or advertised facilities, without prior warning to us.
Please note in the case of a refund is offered from the villa or Island Villa Club we are not responsible for bank fees to transfer the refund to you.
8.2 Major Changes
Although unlikely, we do reserve the right to substitute different accommodation to that booked by the Customer of a similar or equivalent standard. In the event of a major change the Customer has either the option of accepting the alternative accommodation offered by the Company (for the avoidance of doubt where the alternative accommodation has a lower price than the amount that the Customer has paid the Company will refund the difference and where the alternative is of a higher price than the Customer has paid then the Company reserves the right to charge the Customer the difference between that amount and the increased price) or the Customer has the option of cancelling their rental and the Company shall use its best endeavours to promptly refund all monies paid.
We have taken all reasonable steps to ensure that any companies or agents used abroad are reputable. We have however no direct control over such organisations or their employees and therefore cannot take responsibility for them.
In the unlikely event that circumstances beyond our control necessitate the cancellation of your rental we shall use our best endeavours to promptly refund all monies paid and the Company shall not be liable for any additional compensation.
9. Your Accommodation
Your accommodation is reserved for the exclusive use of the persons named on the confirmation invoice and no other person(s) may use the property. Rates quoted allow for maximum occupancies of the villa as shown in the provided information on the website. The number of guests staying in a property cannot exceed the maximum number of guests published or agreed in the bookings confirmation. Customers must inform the Company in advance in writing about any other guest’s arrival whose names are not in the booking confirmation.
9.2 Villa Security Deposit
Certain bookings especially in the most prestigious properties and where the property owner demands, may be subject to a deposit of between USD $250 – $1,000 or more, the “Villa Deposit” in lieu of any charges in respect of the telephone, additional specialist cleaning or damage to high value furniture and equipment. The deposit, subject to the events listed in this clause shall be refundable and repaid to you within 14 days of the date of your departure from the accommodation.
Your liability for the property extends beyond the “Villa Deposit” taken for your accommodation. Any damage caused to the property must be reported to the local villa manager immediately and any damage cost will be deducted from your house deposit. If you are traveling with children, please take care that they do not use crayons and paints on the cushions and sofas. For fabric stains that cannot be removed the villa will charge guests for the cost of replacement.
The Customer is responsible for leaving the property in good order and in a clean condition. The Customer further undertakes to pay for any damages or losses incurred during occupation. The owner reserves the right to repossess the property if the Customer or a member of the party has caused excessive damage.
9.3 Services in the Accommodation
9.3.1 Telephone and Internet
If your property is equipped with a landline, your incoming telephone calls are free, however all outgoing telephone calls are charged according to usage and shall be charged, which will be invoiced for immediate payment. The Internet quality can vary from villa to villa and in some that are not in central locations may experience delays.
Neither Island Villa Club nor the property owner will accept any responsibility for the temporary failure or interruption to the provision of either the utilities (gas, heating, electricity, phone) or internet caused by events which are outside of our control, or should your devices be incompatible with the internet system.
9.3.3 Satellite TV
Where satellite television is advertised this may mean BBC and/or ITV and in some properties Sky TV, however in some properties a very limited selection of satellite services are available. We cannot guarantee the precise channels offered as these services change from time to time, and Island Villa Club may not be advised of such changes. If you ask us to clarify which services are supplied at a particular property we can usually find out. Neither the Company nor the Villa Owner can be held responsible for the loss of provision of these services in the case of technical issues or should services be withdrawn by the provider for any reason.
9.3.4 Maintenance of outside areas
The customer’s private pool and garden area where mentioned, as well as the properties themselves will be cleaned and maintained on a regular basis during the customer’s stay by staff who have access to the property.
9.3.5 Maid Service
In most cases villas do not include personal laundry. However this can be organised at an additional cost.
9.4 Security Issues
9.4.1 Your belongings
All baggage and personal belongings retained at the property are kept at the Customers risk. You are advised to secure the property and personal items in the security safe (if available) when you are not in residence and at night.
9.4.2 Swimming pool
Many of our properties provide a private or communal swimming pool. The swimming pool of the villa is used entirely by the Customer, Customer’s group or its guests at their own risk. Since accidents happen, we advise you to always take great care when using the pool. We further advise that neither you nor any member of your party should dive into the pool, or use the pool while under the influence of alcohol. Please be away most villas do not come equipped with pool fences for children. Children in the swimming pool area should be supervised at all times. A pool fence can be organised at an additional cost
The Customer hereby releases Owners and its agents including Island Villa Club, of any claims demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of any kind with respect to personal injury while using the villa’s pool.
We are committed to offering you the best holiday accommodation available. However should the Customer have cause for complaint whilst on holiday the Customer should contact the Company’s local representative or agent whose name and contact details are set out on the confirmation form. If the Customer is unable to reach the local representative or is not satisfied with the resolution to any issue provided by the local representative or agent, the Customer is advised to call the Company whose contact number is listed on the Confirmation Invoice, and we shall use reasonable endeavors to rectify the problem except where circumstances are beyond our reasonable control. If the complaint cannot be rectified whilst the Customer is on holiday the Customer should contact the Company in writing within 14 days of returning home from their booked holiday with Island Villa Club
9.6 Arrival at and Departure from your accommodation
On your first day, your property is ready for your arrival at some time between 2pm and 3pm (depending on the property) or later by arrangement. Let us know your expected arrival time so we can plan to minimise any delay to your check-in. On your departure day your property checkout time is 11am / 12pm (see invoice) unless otherwise arranged with our local agent or house manager. We always try to arrange check-in and check-out times to suit our customer’s flight times but cannot guarantee times.
Where members of your party stay beyond the time of 11am / 12pm (see invoice) on the day of departure without the consent in writing of the Company we reserve the right to invoice the Customer in respect of any additional days spent at the accommodation, any additional cleaning time deeded by local cleaning staff, and any loss caused to the Company as a result of disturbance made to other holiday makers who would have been using the accommodation had it not been for the late departure of your party.
When you arrive at the villa the villa staff will take a photocopy of each guest’s passport shortly after arrival at the villa.
By law in most countries all guests must be registered with the local police station within 24 hours of arrival at their destination. A registration form will need to be filled out & signed by each guest and these papers will then be taken to the immediate village registration office.
9.6.1 Directions and Maps
We provide clear easy to follow directions giving the precise location of your chosen villa. When renting a villa through Island Villa Club we include return airport transfers for selected villas, or you can take a hire car from the airport should you prefer. If you would like us to talk you through the directions before you leave, we would be very happy to do so.
9.6.2 Assistance abroad
We respect your privacy and independence, and will provide you with local contact numbers for our staff in your chosen destination, should you need assistance or information.
9.7 Collection and return of keys
The collection and return of the accommodation keys is always the responsibility of the Customer. The keys should be either collected from the local villa manager unless stated otherwise at the time of booking. At the end of the holiday it is the Customer’s responsibility to return the keys to the same place where collected.
9.8 General Issues
We reserve the right to terminate your holiday in the event that your behaviour or that of a member of your party is such that it is likely to cause distress, damage, danger or annoyance to our other clients, employees, property or any third party. If you or a member of your party are prevented from travelling because in the opinion of any person in authority you or a member of your party appear to be unfit or likely to cause discomfort or disturbance to other parties, we will have no further liability to complete your rental arrangements. We will not be liable for any refund, compensation, or any additional costs incurred by you. We cannot accept any liability for the behaviour of others staying at our accommodation.
9.9 Building Works
In most areas, in all countries, there is new building work taking place. We take steps to monitor this and advise you if any building work affects your villa, villa estate or resort however this cannot always be guaranteed. Should we consider that a neighbouring building plot or plots would seriously affect your property with either noise or dust pollution or both, then we will use our best endeavours to find an alternative property for you under the terms of our booking conditions as stated in Section 8.
Where road works or public works occur at short notice or without notice, and which are outside of our control, we cannot be held liable for any inconvenience to you.
The photographs on our web site are normally up to date and give a general impression of the individual properties or resorts. However, the Company does not take any responsibility for any views or objects such as furniture etc. which appear in the pictures, but may have been removed or changed, nor for any changes to aspects of views since the pictures were taken, or descriptions compiled.
10. Force Majeure
We cannot accept liability in any circumstances where performance and/or prompt performance of our obligations is prevented as a result of war, riots, civil strife, terrorist activities, natural disasters, industrial disputes, fire, nuclear explosion or adverse weather conditions.
11. Personal Requirements
11.1 Passports & Visa
Customers from approved countries must be in possession of a passport, which is valid for at least 6 months from the date of arrival and the completed embarkation/disembarkation card they received from their airline. Citizens of these certain countries will be able to apply for a VoA (tourist visa) valid for 30 days upon arrival by air in Bali, Jakarta and a few other international airports or by ship at a limited number of Indonesian sea ports. A 30-day visa is paid for on arrival and is extendable for another 30 days. Be aware that Immigration officials calculate the 30-day period as follows: your arrival day is counted as your first day, and you must leave the country on the 30th. or 60th. day!
We strongly recommend that you take out a comprehensive insurance to protect you and all those that accompanying you for the full time of your visit against illness, injury, death, loss of baggage and personal items, cancellations and other travel contingencies. We also strongly recommend a health insurance that covers medical evacuation for emergencies. The owner is not responsible for Customer property loss or damage.
11.3 Personal Health
Please tell us at the time of booking about any medical condition or infirmity of any member of your party that might be relevant to your holiday. We have contacts with medical facilities and companies abroad who can offer services that may assist and make you trip even more comfortable.
12. Agreement Non-compliance
Customers assure the Owner that any tenant who violates any of the terms of this Agreement shall be immediately denied occupancy and shall remedy any damages or other expenses caused by the Customer and/or the Customer guest(s).
13. Lawful Use
Customers and/or their guests shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises. Any inappropriate or destructive behavior could result in the eviction of the entire Customers group without refund.
Should either Owners or Customers waive their rights to enforce any breach of this Agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although Owners may know when accepting rent that Customers are violating one or more of this Agreement’s conditions, Owners in accepting the rent are in no way waiving their rights to enforce the breach. Neither Owners nor Customers shall have waived their rights to enforce any breach unless they agree to a waiver in writing.
15. References in Wording
Plural references made to the parties involved in this Agreement may also be singular, and singular references may be plural. These references also apply to Owners’ and Tenants’ heirs, executors, administrators, or successors, as the case may be.
16. Waiver & Release from Liability
Customer hereby waives and releases, indemnifies, hold harmless and forever discharges the Owner and its agents and employees including Island Villa Club and their respective agents, staff and employees from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, including claims of Owner or their employee negligence, whether known or unknown, in law or equity, that Customer ever had or may have arising from or related to participation in any of the events or activities, and for the duration of the stay at the stated villa. Owner and their agents including Island Villa Club are not liable for loss, damage of property, to/of Customer or its group or guests. Customer assumes any risk, and takes full responsibility and waives any claims of personal injury, death or damage to personal property associated with the stated villa including but not limited to man-made hazards associated with the property such as slippery shower basins, tubs, swimming pool facilities and natural hazards such as holes, ditches, fallen trees, branches, ice, snow, and or other irregularities in terrain and using the terrain including walking, jogging, biking or related activities. Customer primary contact needs to be at least eighteen (18) years of age.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website.
The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner, suppliers, manufacturers and partners of the owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you, which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material, which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability
The Website Owner and its directors, shareholders and associated persons shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. Please contact us if you require clarification on any of the terms in this statement.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Accessing the site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device. We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output. We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
10.9 Using the Site
This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use. In using the Site and information available from the Site, you agree that you will not:
i) Post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
ii) Omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content.
iii) Impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity.
iv) Engage in any activities in order to withhold or cloak identity or contact information.
v) Send harassing and/or threatening messages to others.
vi) Engage in “flooding” – i.e flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
vii) Use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner, which is or may be damaging to Our name or reputation.
viii) Publish or download web pages or content, images, descriptions or text.
ix) Electronically stalk or otherwise electronically harass another.
x) Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
xi) Engage in any activities with relation to reverse engineering of the website, including data structures, descriptions, images or any other material contained on the site.
This Website may contain links to other websites that are operated by third parties, and are not under the control of Island Villa Club. Island Villa Club is not responsible for, and expressly excludes all liability with relation to these linked websites which you access at your own risk, and Island Villa Club makes no representations, warranties or conditions concerning the linked websites or their contents.
To the fullest extent possible under the law, use of this website is at your own risk, and Island Villa Club, its shareholders, officers, directors, employees and representative hereby expressly disclaim any representations or warranties (express, implied or statutory) with regards to the website and your use thereof. This website is provided “as is”, and may contain errors, inaccuracies, viruses or bugs, and this website may not be up to date, and therefore is not to be relied upon without independent verification. This exclusion applies to, but is not limited to, warranties or merchantability, quality and/or fitness for a particular purpose. Should you choose to download any content from this website, you do so at your own risk.
13. Limitation of Liability
You hereby waive all remedies, warranties, guarantees or liabilities, arising from law or otherwise. In no event shall Island Villa Club be liable to you for any damages, however caused, including but not limited to, direct, indirect, special, consequential, incidental, punitive or otherwise, and including but not limited to any damages relating to the inaccuracy of a posting or failure of another user to provide the property posted. Island Villa Club shall not be liable for lost profits, business interruption, any computer related damage or loss of data Island Villa Club hereby excludes all liability with respect to the transmission of viruses or bugs. This entire limitation shall apply even if Island Villa Club was informed of the possible occurrence of the above mentioned damages. In all events, Island Villa Club maximum liability to you shall not exceed $500. This limitation is an essential element of the agreement of Island Villa Club and you.