These Terms of Use (the “Terms”) constitute a binding legal agreement between Selesa (“Selesa,” “we” or “us”) and any person (“Selesa Users” or “you”) who visits or browses www.discoverselesa.com and any predecessor or successor websites established by Selesa which reference the Terms, registers or signs up for an account with Selesa, or downloads, installs, or uses any Selesa applications (collectively, the “Selesa Applications”). The Terms govern Selesa Users’ use of www.discoverselesa.com, any predecessor or successor websites established by Selesa which reference these Terms, any Selesa applications and any Content (as defined below) available through such websites or applications (collectively, the “Site”). By using, visiting or browsing the Site, or by registering or signing up for an account with Selesa, you hereby accept, acknowledge and agree to be bound by these Terms and represent and warrant that you have the right, authority and capacity to enter into these Terms. If you do not want to be governed by these Terms, you must exit this page immediately and not use, visit or browse the Site or register or sign up for an account with Selesa.
Changes to the Terms of Use and the Site
We may modify these Terms at any time in our sole discretion. We indicate at the top of the page when these Terms were last modified or updated. Your continued access or use of the Site and/or your account following such changes constitutes and signifies your full acceptance of such changes.
If we make material changes to the Terms, we will notify you through a notice on the Site homepage and/or an email. You are responsible for periodically visiting the Site and the Terms to check for any changes. If you choose to opt-out of our revised Terms, you must stop accessing and using the Site immediately.
We may also modify the Site at any time in our sole discretion by removing from, adding to or modifying the Site. We shall have no liability to you for any such modifications. Your continued access or use of the Site and/or your account following such changes constitutes and signifies your full acceptance of such changes.
Reservations, Purchase and Payment
The Site is a platform on which you may (i) make a reservation, (ii) place an order for pick-up or delivery, or (iii) place or pay for an order in-person (each, a “Selesa Booking”) at a restaurant, bar, coffee shop, winery or other venue (a “Selesa Customer”). Once you have completed a Selesa Booking, we will send you an email confirmation including a unique confirmation number. If required by a Selesa Customer, you must present your confirmation number and the credit/debit card you used to make the Selesa Booking, if any, before you are served or you receive delivery. If your Selesa Booking involves alcohol, you must also present a valid ID, which shows that you are above the minimum legal drinking age of the applicable jurisdiction, before you are served alcohol or you receive delivery of alcohol.
Pricing for Selesa Booking is variable and depends on a number of factors, including but not limited to the cost and length of a menu, the time and day of the week of your Selesa Booking and the type of beverage pairings you select. Selesa Customers may change the pricing for and availability of any Selesa Booking at any time with or without notice, including adding additional Selesa Booking. Selesa accepts several methods of payment to accommodate your needs. Selesa reserves the right to (i) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; (ii) bar any Selesa User from making any or all Selesa Bookings; and (iii) refuse to provide any Selesa User with any experience or item.
YOU ACKNOWLEDGE AND AGREE THAT, JUST LIKE A SPORTING EVENT, CONCERT OR THEATER TICKET, SELESA BOOKINGS FOR MANY SELESA CUSTOMERS ARE FINAL, NON-REFUNDABLE AND NON-EXCHANGEABLE. BEFORE YOU COMPLETE A SELESA BOOKING, YOU ARE RESPONSIBLE FOR REVIEWING THE SELESA CUSTOMER’S CANCELLATION POLICY ON THE CHECKOUT PAGE. ALL PURCHASES ARE SUBJECT TO TOCK’S SERVICE FEES AND CHARGES, WHICH ARE ALSO NON-REFUNDABLE. YOU WILL BE RESPONSIBLE FOR PAYING ALL APPLICABLE TAXES IN CONNECTION WITH YOUR PURCHASE OF A SELESA BOOKING.
Your Selesa Boooking is transferable. However, you should be aware that selling tickets for greater than face value may be illegal in your jurisdiction. If you purchase a Selesa Booking on the secondary market, you do so at your own risk. Selesa is not responsible for forgeries or misrepresentations.
Unlawful resale (or attempted unlawful resale), counterfeiting or copying of a Selesa Booking is grounds for the seizure and cancellation of such Selesa Booking and any other Selesa Booking that has been made by you, without compensation to you. In addition, Selesa reserves the right to restrict or deny Selesa Booking purchasing privileges to anyone that Selesa determines to be, or has been, in violation of these Terms. Because Selesa does not guarantee the authenticity of Selesa Bookings purchased from any third- party reseller (including but not limited to brokers or other Selesa Users), Selesa recommends that you purchase Selesa Bookings directly through Selesa. Selesa Bookings may not be used for advertising, promotions, contests or sweepstakes without the prior written consent of a duly authorized representative of Selesa or the applicable Selesa Customer.
If you wish to purchase a Selesa Booking, you will be asked by Selesa or a third party to supply certain information, including without limitation your name, contact information and credit card information (“Personal Information”). You agree that all Personal Information that you provide to Selesa or such third party will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other payment mechanism) at the prices in effect when such charges are incurred, including any applicable service charges. You will also be responsible for paying any applicable taxes relating to the Selesa Booking. You represent and warrant that you have the legal right to use any credit card or other payment mechanism used in any Selesa Booking. By submitting such Personal Information, you grant Selesa the right to provide such Personal Information to a third party for the purposes of facilitating the completion of a Selesa Booking. Verification of Personal Information may be required prior to the completion of any Selesa Booking.
Descriptions or images of, or references to, experiences and items on the Site do not imply Selesa’s endorsement of such experiences and items. Selesa does not warrant that descriptions or images of, or references to, experiences and items are accurate, complete, reliable, current or error-free. Selesa reserves the right, without prior notice, to change such descriptions, images or references.
Selesa Customer FAQs
BEFORE YOU COMPLETE A SELESA BOOKING, YOU ARE RESPONSIBLE FOR REVIEWING ALL OF THE SELESA CUSTOMER’S “FAQS” ON THE SITE. A SELESA CUSTOMER’S “FAQS” MAY CONTAIN ADDITIONAL RULES AND RESTRICTIONS RELATED TO YOUR SELESA BOOKING, INCLUDING BUT NOT LIMITED TO (I) REFUND AND EXCHANGE POLICIES; (II) LIMITATIONS ON SEATING CAPACITY; (III) LIMITATIONS ON THE ORDER QUANTITY OF ANY EXPERIENCE OR ITEM; AND (IV) LIMITATIONS ON THE ABILITY TO ACCOMMODATE DIETARY RESTRICTIONS. BY COMPLETING A SELESA BOOKING, YOU ACCEPT, AGREE TO AND ACKNOWLEDGE THE SELESA CUSTOMER’S “FAQS.”
Privacy and Personal Information
We are committed to protecting the privacy of the Personal Information of Selesa Users. Any information submitted on the Site is subject to our Privacy Policy the terms of which are incorporated herein by reference.
Accounts
In order to use or access some features of the Site (including without limitation the making of a Selesa Booking), you will be required to create an account with us. In creating your account, you certify that all information you provide is complete and accurate. You agree to update such information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to notify us immediately of any breach of security or unauthorized use of your account by emailing our Privacy Officer at privacy@discoverselesa.com. We shall not be liable for any losses, damages, liabilities or expenses caused by any unauthorized use of your account, and you agree to indemnify us for any such unauthorized use.
By accepting these Terms and completing the account registration process, you represent that you are 18 years of age or older. To make a Selesa Booking that includes alcohol, be served alcohol or receive delivery of alcohol, or use any Site functionality related to alcohol, you must be the minimum legal drinking age in the applicable jurisdiction. If you are establishing an account on behalf of a company or other entity, the term “you” includes both you as an individual as well as such company or other entity. In addition, you represent and warrant that you have the authority to bind such company or entity, and that such company or entity has authorized you to accept these Terms on its behalf.
Third-Party Websites
If you click on a link to a third-party website, you will leave the Site and go to the website you selected. We do not own or operate any third-party websites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through such third-party websites. The availability of these links on this Site does not represent, warrant or imply that we endorse any third-party websites or any materials, opinions, goods or services available on them. Third-party materials accessed through or used by means of the third-party websites may also be protected by copyright and other intellectual property laws. These Terms do not apply to third-party websites. Before visiting a third-party website by means of this Site or a link located on this Site, Selesa Users should review such third-party website’s terms and conditions, privacy policy and all other website documents, and inform themselves of the regulations, policies and practices of such third-party website. You agree that Selesa shall have no liability for, and you hereby release Selesa from any claims, damages, obligations, losses, liabilities, costs or expenses arising from, your use of any third-party website.
Electronic Communications
Selesa generally communicates with Selesa Users by electronic means, including but not limited to email, text and push notifications, in accordance with our Privacy Policy.
Further, you hereby agree that all notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Restrictions
We grant you permission to use the Site solely as set forth in these Terms. Without the prior written consent of a duly authorized representative of Selesa, you will not (i) copy or distribute any part of the Site in any medium; (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; or (iii) dissemble, decompile or reverse engineer any part of the Site.
Robots, spiders, scripts, scrapers, crawlers, and all similar technologies are strictly prohibited. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that circumvent, interact, or interoperate with our Site in ways that are prohibited by these Terms.
You acknowledge and agree that your communications with other Selesa Users and your postings to the Site, including feedback, via chats, conferences, and any other avenues of communication on the Site, if any (collectively, “Contributions”), are public and not private communications. There are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Therefore, we strongly encourage you not to disclose any Personal Information in such Contributions. We are not responsible for information that you choose to communicate to other Selesa Users of the Site, or for the actions of other Selesa Users. You assume all risks associated with coming into contact with other Selesa Users through the Site. Once you post or send a Contribution, you expressly grant Selesa a perpetual, irrevocable, assignable, transferable, royalty-free right and license to quote, re-post, use, reproduce, modify, create derivative works of, distribute, transmit, broadcast, communicate and publicly display and perform such Contribution in any form, anywhere and without any notice or compensation to you of any kind, and you hereby grant all consents, rights and clearances to enable Selesa to use such Contribution for such purposes, including but not limited to the right to use the name that you submit in connection with such Contribution.
For the avoidance of doubt, you are entirely responsible for the material included in, and any harm resulting from, your Contributions. We have the right, but not the obligation, to remove any Contributions that we deem to be objectionable for any reason, but we do not regularly review Contributions. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting a Contribution. Accordingly, we assume no liability for any action or inaction regarding Contributions.
When you create or make available a Contribution, you represent and warrant that you (i) own or have sufficient rights to post your Contributions, on or through this Site, (ii) have fully complied with any third- party licenses relating to Contributions, and (iii) agree to pay all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through this Site.
You agree not to:
(a) use the Site to or post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
(b) use the Site in any way that is or post Contributions that are unlawful, obscene, vulgar, defamatory, abusive, damaging, disruptive, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing or otherwise objectionable;
(c) use the Site to or post Contributions that (i) incite, encourage or threaten unlawful acts; (ii) promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) solicit Personal Information from anyone under 18 or exploit anyone in a sexual or violent manner;
(d) use or exploit the Site or post Contributions for any commercial purpose, including but not limited to posting Contributions that contain advertisements, publicity or solicitation for products or services (other than Selesa’s products and services);
(e) use the Site or post Contributions for any unauthorized purpose including collecting or harvesting any Personal Information, including but not limited to email addresses of other Selesa Users, by electronic or other means for any purpose, including but not limited to sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
(f) use the Site or post Contributions to transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation hacking into this Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
(g) use the Site to or post Contributions that install or attempt to install or promote, or post Contributions that constitute or contain, spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
(h) use the Site to or post Contributions that impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; or
(i) use the Site to or post Contributions that inhibit other Selesa Users from using or enjoying the Site.
Intellectual Property Rights
The content on the Site, including without limitation the text, software, manuscripts, graphics, photos, sounds, music, videos, interactive features, Contributions and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Selesa, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you “AS IS” and “AS AVAILABLE” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners.
We reserve all rights not expressly granted in and to the Site or the Content. Specifically, any and all intellectual property rights associated with the Site and Content, including without limitation any inventive concepts, know how, publicity rights, trademarks, trade dress, trade secrets, copyrights and patents and patent rights, are the sole and exclusive property of Selesa. You agree not to engage in the use, copying or distribution of any Content other than as expressly permitted herein, including any use, copying, or distribution of Contributions of third parties obtained through the Site, for any commercial purpose. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or the Content therein.
Disclaimers
You expressly agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, Selesa, our affiliates, and our respective officers, directors, employees and agents disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, in connection with the Site, the Content and your use thereof. Selesa makes no warranties or representations about the accuracy or completeness of the Site or the Content, or the content of any third-party websites linked to the Site, and assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of the Site or the Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the Site, (v) bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site, and/or (vi) loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site.
Selesa provides a platform for Selesa Users, Selesa Customers and/or other participants (collectively, the “Participants”) to negotiate and complete Tock Reservations (each, a “Transaction”). Because Selesa is not involved in the actual Transaction between the Participants, Selesa does not warrant, endorse, guarantee or assume responsibility for any experience or item advertised or offered through the Site. If a dispute arises between one or more Participants, each Participant releases Selesa and our affiliates (and our respective employees, directors, agents and representatives) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL SELESA, OR OUR AFFILIATES, OR OUR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES, BE LIABLE TO YOU FOR (I) TOTAL, CUMULATIVE DAMAGES, LOSSES OR OTHER AMOUNTS OF ANY KIND IN EXCESS OF THE AMOUNTS PAID BY YOU TO SELESA IN CONNECTION WITH THE SITE IN THE THREE (3) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR ACCESS OF THE SITE OR CONTENT (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Selesa, our affiliates, and our respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees and court costs) arising from: (i) your use and access of the Site or Content; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation, any copyright, property or privacy right; or (iv) any claim that your Contributions cause damages to a third party or infringe upon a third party’s intellectual property or other proprietary rights. Selesa shall have the right, but not the obligation, to participate in the defense of such actions with the counsel of its choosing. This defense and indemnification obligation will survive these Terms.
Termination
You agree that Selesa, in our sole discretion, may terminate your use of the Site and any service provided through the Site, and may remove and discard any Content at any time, for any reason and without notice. Further, you agree that Selesa shall not be liable to you or any third party for any such termination. The provisions of these Terms which by their nature survive termination of these Terms shall so survive, including without limitation the Sections entitled “Third-Party Websites,” “Site Restrictions,” “Intellectual Property Rights,” “Disclaimers,” “Limitation of Liability,” “Indemnification” and “Disputes.”
Disputes
These Terms shall be governed by the laws of the DKI Jakarta without regard to its conflict of law provisions. If there is any dispute about or involving the Site, the Content provided on or through the Site, or these Terms, you agree to personal jurisdiction by and venue in the state and federal courts in Jakarta Utara.
Arbitration
At Selesa’s sole discretion, it may require you to submit any disputes about or involving the Site, the Content provided on or through the Site, or these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Selesa law.
Class Waiver
You agree to litigate or arbitrate solely on an individual basis, and that these Terms do not permit class action or class arbitration or any claims brought as a plaintiff or class member in any class or representative litigation or arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Site Management
We may, but are not required to, (a) update the Content on the Site from time to time; (b) collect and log Selesa User access information or monitor or review this Site for violations of these Terms and for compliance with our policies; (c) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (d) refuse or restrict access to or the availability of the Site, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (e) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site. Without limiting any other provision of the Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in the Terms, or of any applicable law or regulation.
Miscellaneous
These Terms constitute the entire agreement between you and Selesa with respect to your use of the Site or any Content, experiences or items provided through the Site, and supersedes any other agreement between you and Selesa with respect to the subject matter hereof. No waiver of any provision or condition of these Terms by Selesa shall be binding upon Selesa unless confirmed in writing signed by a duly authorized officer of Selesa. No failure by Selesa to exercise and no delay by Selesa in exercising any right, remedy, privilege or power under or pursuant to these Terms will operate as a waiver thereof; nor will any single or partial exercise of any right, remedy, privilege or power provided for under or pursuant to these Terms by Selesa preclude or limit Selesa from any other or further exercise thereof or from pursuing any other right, remedy, privilege or power available pursuant to these Terms, or at law or in equity. If any provision of these Terms is found to be unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions shall continue in full force and effect
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