Saraya Beach Resort Terms and Conditions

Legal

Terms & Conditions

Last updated: January 2025

Please read these terms carefully before using our services.

1. Definitions

In these Terms and Conditions: "Company" refers to Kinnara Capital, trading as Saraya Lombok, including its directors, employees, agents, and affiliates. "Client" or "You" refers to any individual or entity engaging in transactions, enquiries, or interactions with the Company through the Website or other channels. "Website" refers to sarayalombok.com and all associated subdomains. "Financial Information" refers to any projections, forecasts, estimates, or illustrative figures provided by the Company. "Reservation Agreement" refers to the binding contract between the Client and the Company for the reservation of a villa unit. "SPA" or "Sale and Purchase Agreement" refers to the final binding contract for the purchase of a villa unit.

2. Acceptance of Terms

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must immediately cease using the Website and refrain from engaging with our services. These Terms may be updated periodically. Continued use of the Website following any changes constitutes acceptance of the revised Terms.

3. Services

The Website provides: • Information about Saraya Beach Resort Lombok • Property listings and villa specifications • Investment and ownership information • Deposit payment functionality • Enquiry and contact forms No information on this Website constitutes a binding offer to sell or a guarantee of availability. A binding agreement is only formed upon execution of a Reservation Agreement or Sale and Purchase Agreement (SPA). All financial projections, rental estimates, and investment returns displayed on this Website are illustrative and indicative only.

4. Important Disclaimers

No Financial, Investment, Tax, or Legal Advice The Company does not provide financial, investment, tax, or legal advice. All information on this Website is for general informational purposes only. Illustrative Figures Only All financial figures, returns, projections, rental forecasts, capital appreciation estimates, or growth figures are illustrative only and do not constitute guarantees of future performance. Past performance is not indicative of future results. Independent Advice Recommended We strongly recommend that you seek independent professional advice from qualified financial advisors, accountants, and lawyers before making any investment decisions. Market Risks Property investments are subject to market risks, including but not limited to changes in property values, rental demand, currency fluctuations, regulatory changes, and economic conditions. The value of your investment may go down as well as up.

5. KYC & Compliance

All Clients must complete Know Your Customer (KYC) verification before finalising any reservation or purchase. The Company reserves the right to: • Request additional documentation for identity verification • Refuse or cancel reservations if KYC requirements are not satisfied • Report suspicious activities to relevant authorities under AML/CTF laws • Decline transactions that may violate applicable laws or regulations Failure to complete KYC verification within the specified timeframe may result in cancellation of your reservation and forfeiture of any deposits paid (subject to the terms of your Reservation Agreement).

6. Payments & Deposits

Payment Processing Payments are processed through Stripe Inc. or other approved payment gateways. By making a payment, you agree to the terms of the respective payment processor. Deposit Terms Payment of a deposit does not automatically confirm ownership or reservation of a villa unit. Confirmation is subject to: • Successful completion of KYC verification • Acceptance by the Company • Execution of a Reservation Agreement • Compliance with all applicable terms and conditions Refund Policy Refund terms are governed by the specific Reservation Agreement or SPA entered into between you and the Company. Please refer to your signed agreement for details on cancellation and refund policies.

7. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, photographs, videos, designs, and software, is the property of Kinnara Capital or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not: • Reproduce, distribute, or modify any content without prior written consent • Use any content for commercial purposes without authorisation • Remove or alter any copyright or trademark notices • Create derivative works based on Website content

8. Limitation of Liability

Website Provided "As Is" The Website and all content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Exclusion of Damages To the maximum extent permitted by law, the Company shall not be liable for: • Any indirect, incidental, special, consequential, or punitive damages • Loss of profits, revenue, data, or business opportunities • Damages arising from your use or inability to use the Website • Damages arising from reliance on any information provided Liability Cap In any event, the Company's total liability shall not exceed the amounts paid by you to the Company in the 12 months preceding the claim, or AUD $1,000, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from: • Your use of the Website • Your breach of these Terms • Your violation of any applicable law or regulation • Your infringement of any third-party rights

10. Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only. The Company does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites. You access third-party sites at your own risk.

11. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

12. Governing Law & Disputes

Governing Law These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Dispute Resolution Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through: 1. Negotiation — The parties shall first attempt to resolve disputes through good faith negotiation. 2. Arbitration — If negotiation fails, disputes shall be referred to arbitration administered by the Badan Arbitrase Nasional Indonesia (BANI) in Jakarta, or the International Chamber of Commerce (ICC) in Singapore, at the Company's election. 3. Courts — As a fallback, the courts of Mataram, Indonesia shall have exclusive jurisdiction.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

14. Entire Agreement

These Terms, together with the Privacy Policy and any Reservation Agreement or SPA, constitute the entire agreement between you and the Company regarding your use of the Website and our services. These Terms supersede all prior agreements, representations, and understandings, whether written or oral.

15. Contact Information

For questions about these Terms and Conditions, please contact: Kinnara Capital — Saraya Lombok Email: [email protected] General Enquiries: [email protected] Website: www.sarayalombok.com