YOU MUST READ THESE TERMS CAREFULLY BEFORE TAKING OUT MEMBERSHIP WITH THE COMPANY. BY APPLYING FOR MEMBERSHIP OR FOR PARTICIPATION IN AN EVENT OR ACTIVITY YOU AGREE TO THESE TERMS AND CONDITIONS.
"The Company" means TOUCHSTONE a brand name of PT. BELLA BOKOR EMAS, registered in INDONESIA
"An Event" mean(s) anything organised and/or hosted by the Company.
"Member" means any Member or any person or persons intending to, or who have applied for Membership of the Company.
"You" means any person who is a member, prospective member or past member of the company or where the context permits a guest of a member.
"Host" means a Member who acts as a host and point of contact for Events. A Host is not a legal or authorised representative of the Company and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of the Company can do so.
"Activities" are events organised by Members or Preferred Suppliers, and as such are not regulated by the Company and will have no Host in attendance.
"Supplier" means any third party supplier or organiser of an Event.
"Preferred Suppliers" are 3rd party organisations advertising their events on the Company website.
"Site" means all websites listed below in clause 2.1 and any official company Facebook Pages or Groups, together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trademarks, database, member details and moral rights.
"Terms" mean these terms and conditions and any subsequent amendments as may be notified to you.
"Working day" is any day other than weekends and bank, or other public holidays.
2.1 These terms apply to all services and any goods supplied by the Company through the following domain and subdomain or other means:
2.1.1 www.touchstonebali.com together with any other Company domains and subdomains listed on any of the Sites or any subdomains and any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to you to apply for membership with the Company or to take part in an Event. No contract exists between you and the Company until the Company or as the case may be the Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Except where the Event description says otherwise, the Company is acting as a disclosed agent for Third Party Suppliers and the Events are under the control of those third parties subject to their terms and conditions. Their Terms and Conditions will be available on the Site, or the Company upon request will tell you where they can be found. The Company has no responsibility for the manner of delivery of the Event. As Agent, the Company does not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
a. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide, without notice. We will not be liable if, for any reason, our site is unavailable at any time or for any period.
b. From time to time, we may restrict access to some parts of our site, or our entire site, to users.
c. We will determine, in our discretion, whether there has been a breach of these terms. Where a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in taking all or any of the following actions:
d. We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
e. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
f. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a user or a member of our site.
4.2 You should not rely on any materials posted on our site for personal, medical, legal, financial or any other type of advice and we strongly recommend that you consult an appropriate qualified professional where necessary.
5.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5.5 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.1 We aim to update our site regularly, and may change the content, including but not limited to the charges associated with the use of information at any time. If the need arises, we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update it.
7.1 Membership subscriptions will be specified on the Company’s Site and will be annual. All subscriptions and any other sums payable to the Company are payable in LOCAL CURRENCY and by becoming a member you agree that the Company may issue you with invoices in electronic format and/or by e-mail should it wish to do so.
7.2 The Company may change its policy on subscriptions at any time and any change will be effective at the next renewal date and after expiry of 1 month following the date of posting the change on the Site.
7.3 The subscription is payable annually in accordance with the sums set out on the Site. Any membership card issued by the Company remains the property of the Company. For administrative purposes the card may show an annual expiration date. If the annual subscription is not paid within one calendar month before the periodic renewal date, the card shall thereupon be returned to the Company and membership shall be cancelled or suspended at the option of the Company.
7.4 Memberships are renewed automatically annually based on the calendar date of your first payment. Renewal payments are taken automatically from the payment card entered on our booking system.
7.5 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for membership is submitted. In this case, you must email to info@touchstonebali.com with CANCEL SUBSCRIPTION in the subject line.
7.6 You can cancel the automatic renewal of your membership at any time by signing into your account at info@touchstonebali.com and navigating to the Membership page of your account.
7.7 The Company has the right in its absolute discretion to limit the number of members, to refuse membership, or renewal for any reason, or to expel a member or prevent any member or guest from taking part in or continuing at any Event.
7.8 Members must adhere to all rules of membership both online and at Events and Activities.
7.9 Membership is not transferable.
7.10 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner. Members failing to behave correctly will have their membership cancelled and no refund will be offered. Suppliers or Event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Event whether through unreasonable behaviour, drink, drugs or otherwise.
7.11 The Company reserves the right to terminate your membership with immediate effect should you be found to breach these conditions.
7.12 You must be over 18 years of age to become a member.
8.1 Members are to attend Events for their own sole use, and cannot do so on behalf of others without permission from the Company.
8.2 Payment for any Event may be made by transfer from your bank account or online by credit/debit card. Payment shall be made using the currency local to the Event. No payment for any Event shall be deemed to have been received until the Company has received cleared funds.
8.3 Every effort is made to ensure that prices for Events shown on the Company’s site are accurate. If a booking has been accepted and an error is found, the Company will inform you as soon as possible and offer you the option of reconfirming for the Event at the correct price or cancelling your booking for that Event. If you cancel because of such error, the Company will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
8.4 The Company shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided by this clause and clause 8.3. Where cancellation arises and is the fault of the supplier of an Event, the terms and conditions of that supplier shall apply. The Company will use reasonable endeavours to recover payment of the monies paid by the member for the Event but shall not be obliged to commence legal proceedings.
8.5 The Company gives no warranty that the provider of an Event will accept your booking or that such provider will not cancel or vary the Event. If an Event requires a minimum number of participants and that number has not been booked by the deadline date set out on the Site, the Company or the Supplier may cancel the Event and liability shall be limited to the return of the sum paid by you less costs incurred.
8.6 Some variations to the published times or arrangements for an Event may be made by the Supplier. There may be no right to obtain a refund for changes such as timing or the precise nature of equipment used, or program or content. Some Events are dependent on weather or other factors outside the control of the Company or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier say otherwise.
8.7 Should you wish to cancel your participation in an Event after placing a booking, you must notify the Company by email at the email address shown on the Site.
8.8 To cover our expenses, the following cancellation policy applies:
8.9 In applying to take part in an Event, you acknowledge that the terms and conditions of the Supplier shall apply to the Event and it is your responsibility to familiarise yourself with the terms and conditions of the Supplier and the rules, regulations and safety policy governing the Event. If relevant equipment is supplied by the Supplier, the Company shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier. You shall have no claim against the Company for any failure by the Supplier to supply adequate equipment, instruction, information or advice or to ensure that the Event is suitably organised, managed or controlled.
8.10 The right to participate in an Event is not transferable.
8.11 You must provide proof of membership (e.g. membership card) at Events when requested to do so. Failure to do so may lead to inability to participate in an Event.
8.12 Participation in all Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some events, you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Event, the Company shall have no liability to provide compensation.
9.1 The Company shall bear no responsibility for Activities added and organised by Members or Preferred Suppliers, nor for payments made by you for them. Members booking for Activities organised by other Members or Preferred Suppliers do so entirely at their own risk and discretion.
9.2 Members or Preferred Suppliers who add Activities and portray false information or fail to organise the Activity properly once other Members are booked onto it can be restricted from organising further Activities, at the discretion of the Company.
10.1 These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
10.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3 You agree that your contributions will:
10.4 You agree that your contributions will not:
10.5 We are under no obligation to monitor contributions; however, we reserve the right to review contributions and to remove them.
10.6 We also reserve the right to terminate your access to any or all of our Sites at any time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore, disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
10.8 Our Hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
10.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
10.10 Specifically, on the Facebook Group, WhatsApp and other social media pages: you cannot post anything that is not related directly and you cannot post anything not in the interests of the membership. You cannot promote your own or anyone else’s business or commercial projects without prior consent in writing. If you break these conditions you will be banned and no membership refund will be offered.
11.1 Delayed delivery or failure of the Company to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Company’s control will not involve liability on the part of the Company and the Company shall be entitled at its option to cancel the order or any part thereof or to postpone the Event.
12.1 Members and Preferred Suppliers should ensure that all events added where appropriate have adequate public liability insurance and follow applicable regulations.
13.1 Members agree to allow the Company to use any photographs or other images of them taken at Events or activities for promotional purposes, be aware that they may be taken by other members and posted on social networking sites or elsewhere over which the Company has no control. Where the photograph is on the Company website and is deemed offensive by you, then upon being informed the Company will use its discretion to remove it or otherwise, but is under no obligation to do so.
14.1 The Company will take reasonable precautions to keep the details of applications and payments secure, but unless the Company is negligent, the Company will not be liable for unauthorized access to information supplied by you and in any event only to the value of the transaction conducted with the company.
14.2 The Company shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
You agree to indemnify and hold the Company harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or arising from your negligence or breach of duty.
16.1 Further to the provision of clause 9.1 Members are reminded the Company has no control over Activities organised by other Members. The Company is not responsible for attendance and transport to these Activities, and control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Company:
16.3 Subject to clause 16.2:
17.1 The Company may amend these Terms at any time by giving you notice by e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of notice.
17.2 Each right or remedy of the Company under the Terms is without prejudice to any other right or remedy of the Company whether under the Terms or not.
17.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
17.4 Failure or delay by the Company in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
17.5 These terms of sale and the supply of the goods will be subject to law, and the Indonesian courts will have jurisdiction in respect of any dispute arising from the contract.
17.6 Neither the Company nor you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom the Company transfers its rights under this Contract.
17.7 The Company may assign the benefit of any contract to any person, firm or company.
18.1 By purchasing membership you are agreeing to be added to our newsletter. This is a benefit of the club as it keeps you updated on club events and activities. Should you wish to unsubscribe you can do so at any time using the links available in the footer of the email.
19.1 TOUCHSTONE provides a platform for members to network with others for business purposes.
19.2 The basic unit is a BRANCH.
19.3 Several BRANCHES will be part of a REGION.
19.4 There may be several REGIONS in any NATION such as Indonesia, Malaysia, Thailand etc.
19.5 Other NATIONS may be added to TOUCHSTONE as it grows.
20.1 Interested parties may apply to become a Franchise Partner.
20.2 Franchises may be offered at any level e.g., BRANCH, REGION or NATION.
20.3 Franchise Partners will agree to follow the guidance of TOUCHSTONE Headquarters and subject to a contract.
20.4 Franchise Partnerships may be granted upon payment of a Franchise Purchase Fee and Franchise License Fees.