Aayan Villas and Resorts, which operates villas and resorts throughout the world under the “theAayan” and “Aayan Villas and Resorts” brands, is comprised of a family of companies (collectively referred to as "Aayan", "we", "our" or "us"). Should we mention Kokomo brand as well?

The purpose of the Site is to provide information about our hotels, resorts, villas and services, answer inquiries from customers and potential customers, and provide for online reservations and bookings.

 

These terms and conditions govern your use of the Site and create a legally binding contract between Aayan and you. These terms and conditions only apply to the Site. Other sites owned or operated by theAayan may have their own terms and conditions. By continuing to use the Site, you accept these terms and conditions as is, including any changes that may be made to them from time to time. If you do not wish to be bound to these terms and conditions, your only option is to cease using the Site. You are responsible for all telephone and/or Internet service provider charges you incur as a result of accessing the Site.

 

You have particular rights concerning your personal information. In our Privacy Notice, which can be viewed here, we describe in detail: what information we collect, how we collect it, how we use it, the security measures we take concerning your personal information, whether it is shared and with whom, and your rights concerning your personal information. 

 

1. Site User Age

The Site is intended for users 18 years of age and older.  By accessing and/or using the Site, you represent that you are: (1) 18 years of age or older; (2) of legal age to use the Site; and (3) of legal age to enter into a binding contract as it relates to these terms and conditions.

 

2. Data Transfer

As we operate via a global network of corporate offices, reservation and service centers, data centers and hotels, it may be necessary to transfer your information to a country outside of the country where it was originally collected or outside of your country of residence or nationality. These countries may have data protection laws that are different from the laws of your country. However, we have taken appropriate safeguards to require that your Personal Information will remain protected in accordance with this Privacy Notice.

 

3. Changes to Terms and Conditions

Aayan reserves the right to change these terms and conditions at any time without notice to you, except where such notice may be required by applicable, depending upon the nature of the changes made. By using the Site subsequent to any change of these terms and conditions, you agree to be bound by such change.

 

4. Intellectual Property

Other than the exceptions specifically referenced in these terms and conditions, all content on the Site is the property of Aayan or the referenced third party, or is licensed and/or used by permission by Aayan including, but not limited to, all marks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (collectively, “Site Content”). No license to or right in any such Site Content is granted to or conferred upon you.

 

5. Online Reservations and Bookings

Online reservations and bookings for our villas and resorts can be made through the Site.  For information on how we collect and use personal information from you, and your rights under applicable law concerning your information, please see our Privacy Notice which can be viewed here. 

 

You are responsible for maintaining the confidentiality of any Site account access information needed to reserve or book spa services and/or lodging, and agree to notify Aayan if this access information is lost, stolen, or otherwise compromised. You are responsible for all activities that occur under any such Site account.  

 

You agree that you will make only legitimate reservations or bookings in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations or bookings.

 

6. Prohibited Conduct

The following conduct is strictly prohibited in connection with accessing or using the Site:

 

violating, or encouraging anyone else to violate, any applicable laws or regulations;

collecting other users’ personally identifiable information and/or personal data or using any technology such as a robot, spider, scraper or other automated means to access, scrape, or data mine the Site or to otherwise collect mass data from the Site in order to create compilations or databases of information on Site users, trends, or Site functionality; downloading any software from the Site unless such process is required and approved by Aayan as part of using the Site; imposing an unreasonable or disproportionately large network strain or denial-of-service attack on, or engaging in any behavior that disrupts the operation or performance of, the Site or Aayan’ computer and/or network infrastructure; hacking into or gaining unauthorized access to protected areas of the Site and/or Aayan’ computers, servers or networks, and/or any computers or systems used by other users of the Site, including but not limited to, circumventing Site security features; and/or uploading any harmful files or viruses.

 

7. Indemnity

You agree to indemnify, defend and hold harmless Aayan, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, solicitors, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' and solicitors’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Aayan or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these terms and conditions, or use of the Site by any person using your Site account.

 

8. Links to Other Sites

The Site may contain links to external and third-party sites, including third-party advertisers, not controlled and/or affiliated with Aayan. Aayan’ display of links is not meant to imply that Aayan approves, guarantees, recommends, or endorses the linked sites or the content and/or products/services available on those linked sites. The links are not meant to suggest any implied association with Aayan.

 

If you click on these links, you will leave the Site. If you access the linked sites, you will be subject to the terms of use and other policies applicable to those linked sites. You visit the linked sites at your own risk and should consult the linked sites’ policies.

 

9. Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK.  AAYAN MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED THROUGH THE SITE. AAYAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

AAYAN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, OR SECURE. AAYAN IS NOT LIABLE FOR ANY DAMAGE TO YOUR COMPUTER OR SYSTEMS AS A RESULT OF OTHER THIRD-PARTY BEHAVIOR. THE SITE, INCLUDING ANY GOODS OR SERVICES PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE" BASIS.

 

IN NO EVENT WILL AAYAN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR RELATED PARTIES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF AAYAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES, ARISING OUT OF ANY MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE.  

 

10. Privacy Policy; Communications

Your use of the Site is also governed by our privacy policy found on the following tab, which policy is incorporated by reference into these terms and conditions.

 

Except as limited by our privacy policy or applicable laws, with respect to all communications you make to Aayan, such as through telephone calls or emails sent via the “Contact Us” link and including but not limited to feedback, questions, comments, suggestions and the like: (1) you have no right of confidentiality in your communications; (2) we have no obligation to protect your communications from disclosure and are free to reproduce, disclose and distribute your communications to others; and (3) we are free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

11. Governing Law

Any disputes relating to these terms and conditions or the Site are governed by, and will be interpreted in accordance with, the laws of the Republic of Singapore, without regard to any conflict of laws provisions.  You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Republic of Singapore for any litigation or disputes arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation or disputes in Singapore courts, and agree not to plead or claim in any Singapore court that such litigation brought therein has been brought in an inconvenient forum.

 

12. Miscellaneous

Aayan reserves the right, without notice and reason, to disable the Site, your Site account, or your access to the Site. This includes the right to not give any effect to any reservation or booking you make through the Site. You agree that Aayan is not liable to you or any other third party for these actions. 

 

If any part of these terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these terms and conditions, all of which will remain in full force and effect. The invalidity of any term is limited to the jurisdiction where such term was deemed to be invalid.

Aayan’ failure to enforce any portion of these terms and conditions is not a waiver of such a portion.

 

In addition to any sections with specific language regarding survival, the proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these terms and conditions.

 

As a result of these terms and conditions, no joint venture, agency, or other type of relationship is created between you and Aayan other than as parties to a contract as specified herein.

 

Aayan does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems may sustain as a result of accessing the Site.

 

Aayan will in no way be liable for any failure to perform any obligations contained in these terms and conditions if such failure is due to circumstances beyond the reasonable control of Aayan, such as acts of God.

 

If you need to contact Aayan for any reason not already specified in these terms and conditions, please use the following contact information:

 

The Aayan

Email : support@theaayan.com

Telephone : +62 813-5366-9377