Terms & Conditions
Welcome to the NOAA website, a brand belonging to Beyond Dreams Corporation Holdings Inc. (BDC Holdings) whose registered office is located at 1405 Grosvenor Business Tower, TECOM, P.O. Box 114572, Dubai, UAE.
Please read carefully the following Terms and Conditions of Use, which govern the use of this website.
- RESTAURANT RESERVATIONS
- VERIFIED MOBILE PHONE NUMBER
In order to use our online reservation service, you must provide a valid mobile phone number through the website and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed on the website. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages.
- ACCEPTANCE OF TERMS
By using this website, (the “User”), is deemed to have irrevocably understood and accepted these Terms and Conditions thereof.
- Changed Terms
NOAA shall have the right at any time to change or modify these Terms and Conditions, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately and retroactively with or without further notice thereof. Such which may be given by means including, but not limited to, posting on the website, or by any other means by which the User obtains notice thereof. Any use of the website by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
- ACCESS TO THE WEBSITE
The User represents and warrants that he is above the legal age of majority in his jurisdiction of residence. Any and all information that the User provides to NOAA through the website will be true, complete and correct in all aspects and material information will not be omitted. The User will obey all state, federal, city, municipal, county and local applicable laws, statutes, rules, ordinances, resolutions and regulations while using the website.
5.2 The User account
The right to use the website is personal to the User and is not transferable to any other person or entity. If any, the website requires the User to open an account, the latter must complete the registration process by providing the website with current, complete and accurate information as prompted by the applicable registration form. The User also will choose a password and a User name. The User is entirely responsible for maintaining the confidentiality of his password and account. Furthermore, the User is entirely responsible for any and all activities that occur under his account. The User agrees to notify NOAA immediately of any unauthorized use of his account or any other breach of security. NOAA will not be liable for any loss that the User may incur as a result of someone else using his password or account, either with or without his knowledge.
5.3 The User equipment
The User shall be responsible for obtaining and maintaining all devices, telephone, computer hardware, software and other equipment needed for access to and use of the website and all charges related thereto.
- INTELLECTUAL PROPERTY
6.1 General provisions
The website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, logos, graphics, music and sound, and the entire contents of the website are copyrighted as a collective work under Indonesia’s copyright laws. NOAA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of materials will be permitted without the express permission of NOAA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
Any Software made available on the website is the copyrighted work of NOAA and is for download solely for use by the User according to the License Agreement attached to such Software. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the license agreement, NOAA hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
- Disclaimer of Warranty, Limitation of Liability
The User expressly agrees that use of the website is at their sole risk. Neither NOAA, its subsidiaries, affiliates, parent companies, employees, representatives, officers, directors, agents, third party content providers or licensors warrant that the website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the website, or as to the accuracy, reliability or content of any information, service, or merchandise, goods, or services provided or purchased through the website.
The website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms and conditions.
This Disclaimer of Liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, malware, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, act of nature, act of god, act of government or other force majeur or under any other cause of action. User specifically acknowledges that NOAA is not liable for any conduct of other Users or third parties including, without limitation, unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or otherwise objectionable, offensive or illegal conduct of other Users or Third-Parties and that the risk of injury from the foregoing rests entirely with User.
In no event will NOAA, or any person or entity involved in creating, producing or distributing the website software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the website. User hereby acknowledges that the provisions of this section shall apply to all content on the website.
In addition to the terms set forth above neither, NOAA, nor its subsidiaries, affiliates, parent companies, employees, representatives, officers, Directors, agents and its Third Party content providers and licensors information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the website, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any Third-Party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages or liquidated damages.
In no event shall NOAA and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the website.
For User convenience, NOAA may make available as part of the services of the website or in its software products, tools and utilities for use and/or download. NOAA does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
NOAA or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. The User shall not send any original creative artwork, samples, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when NOAA’s products or marketing strategies might seem similar to ideas submitted to NOAA. So, the User shall not send his unsolicited ideas to NOAA. If, despite NOAA request the User still send them, the User understands that NOAA makes no assurances that his ideas and materials will be treated as confidential or proprietary.
- Indemnification AND WARRANTIES
For good and valuable consideration received, the User hereby agrees to save and hold harmless NOAA and their respective subsidiaries, parent companies, affiliates, directors, officers, employees and agents from and indemnify against any and all liabilities, claims, actions, suits, demands, obligations, damages, losses, indemnities or complaints of any kind whatsoever (including reasonable expenses and professional fees incident thereto) and including any interest accruing thereon, filed, deposited, claimed, raised or made (collectively, the “Claims”) arising out of or related to:
- a User’s breach of its obligations contained in these Terms and Conditions herein; and
- incurred by a negligent act, misconduct or omission of the other the User’s officers, directors, agents employees and servants.
The User shall diligently defend himself and, if NOAA so requests, NOAA against all Claims, all at the cost of the User. The User shall neither settle nor compromise nor offer to settle or compromise any Claim in his name or on his behalf, without NOAA’s prior written consent. The User shall indemnify NOAA for all expenses incurred with respect to such defense.
Without restricting the generality of the foregoing, NOAA may choose to retain professional counsel and advisers other than those retained by the User to defend himself against any Claim, in which case the User shall reimburse NOAA for all the fees and expenses, settlements and judgments so incurred by NOAA. NOAA shall neither settle nor compromise nor offer to settle or compromise any Claim in his name or on his behalf without the User’s prior written consent.
Equally, without restricting the generality of the foregoing, in the event that the User fails to diligently defend himself against any Claim, NOAA may choose to defend against such Claim in the User’s name through counsel of his own choosing, all at the User’s cost.
The User shall reasonably cooperate with and assist NOAA with respect to any judicial claims or proceedings relating to the Memorandum. The User shall indemnify NOAA for all expenses and settlements and judgments incurred with respect to such assistance.
NOAA may terminate or suspend the User’s access to the website, delete his profile and any content or information that the User has posted on the website and/or prohibit the User from using or accessing the website for any reason, or non-reason, at any time at NOAA’s sole discretion, with or without notice to the User, effective immediately, which may result in the forfeiture and destruction of all information associated with the User and his activities in connection with the website.
If the User wishes to terminate his account, he may do so by following the instructions on the website, any fees paid hereunder (if any) are non-refundable.
In the event of termination, the User will still be bound by his obligations under these Terms and Conditions, including the warranties made by him, and by the disclaimers and limitations of liability. Additionally, NOAA will not be liable to the User or any third party for any termination of User’s access to the website.
- PERSONAL DATA
- GOVERNING LAW
The User acknowledges that the website, and all services, activities available on and through the website are governed by the laws of the Indonesia.
The User expressly agrees that exclusive jurisdiction for any claim or dispute with NOAA (or any of its affiliates) or relating in any way to the User’s use of the website resides in the Courts of Indonesia.
These Terms and Conditions are the entire agreement between the User and NOAA with respect to the website and any User content, and supersede all prior or contemporaneous communications and proposals between the User and NOAA with respect to those matters.
If any provisions of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
Any rights not expressly granted herein are reserved.