Saraya Beach Resort Terms and Conditions

Legal

Terms & Conditions

Last updated: April 2026

Please read these terms carefully before using our services.

1. Definitions

In these Terms:

"Company", "we", "us" means Kinnara Capital, trading as Saraya Lombok, including the Indonesian project entity (a foreign investment company, or PT PMA, registered in the Republic of Indonesia), and their respective directors, employees, agents, and affiliates.
"Client" or "you" means any individual or entity accessing the Website, making an enquiry, paying a Reservation Deposit, or otherwise interacting with the Company through the Website.
"Website" means sarayalombok.com and all associated subdomains.
"PT PMA" means Perseroan Terbatas Penanaman Modal Asing, a foreign investment limited liability company under Indonesian law.
"HGB" means Hak Guna Bangunan, the Right to Build title under Indonesian land law.
"Reservation Deposit" means the amount paid through the Website to reserve a villa interest, subject to the terms of the Reservation Agreement.
"Reservation Agreement" means the binding written contract between the Client and the Company for the reservation of a villa interest, executed after payment of the Reservation Deposit and completion of KYC.
"Share Transfer Documents" means the notarised deed of share transfer (Akta Jual Beli Saham) and related documents under which ownership of the shares in the villa-holding PT PMA is transferred to the Client on completion.
"Financial Information" means any projections, forecasts, rental yield estimates, occupancy figures, capital growth estimates, or illustrative figures published on the Website or in related marketing collateral.
"Forward-Looking Statement" has the meaning given in clause 5.

2. Acceptance of Terms

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Website or engage with our services through the Website.

3. Amendments

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent amendment.

Amendments apply to your future use of the Website only. Amendments do not vary, reduce, or affect any right you have under a Reservation Agreement or other binding agreement already entered into with the Company. If an amendment materially affects the basis on which you are considering a purchase and you have already paid a Reservation Deposit, you may elect to terminate your reservation and receive a refund of the Reservation Deposit in accordance with the Reservation Agreement.

4. Services Provided Through the Website

The Website provides:

information about Saraya Beach Resort Lombok and the villa collection;
villa listings and specifications;
ownership structure and indicative pricing information;
Reservation Deposit payment functionality; and
enquiry and contact forms.

No content on the Website constitutes a binding offer to sell a villa, an allocation of a specific unit, or a guarantee of availability. A binding agreement is only formed on execution of a Reservation Agreement, and completion of a purchase only occurs on execution of the Share Transfer Documents before an Indonesian notary.

5. Forward-Looking Statements and Financial Information

Certain statements on the Website are Forward-Looking Statements, including without limitation: rental yield estimates, occupancy projections, capital growth estimates, tourism and infrastructure projections, and any projected returns from the rental management program.

Forward-Looking Statements:

are based on assumptions, market data, and third-party sources current as at the dates identified on the Website or in the relevant collateral;
involve known and unknown risks, including changes in property values, occupancy, currency exchange rates, tourism demand, regulatory changes, and economic conditions;
are illustrative only and are not guarantees, forecasts, or promises of future performance; and
may not be updated as circumstances change, except where required by applicable law.

Past or modelled performance is not a reliable indicator of future results. You should not rely on any Forward-Looking Statement as the basis for a purchase decision without obtaining your own independent professional advice.

Third-party statistics cited on the Website (including references to BPS Nusa Tenggara Barat, Knight Frank, and the Indonesia Tourism Development Corporation) are attributed to their source and date of publication. We do not independently verify third-party data.

6. No Financial, Investment, Tax, or Legal Advice

The Company is not licensed to provide, and does not provide, financial product advice, investment advice, tax advice, or legal advice in any jurisdiction. Nothing on the Website is intended to be, and should not be taken as, advice of any of those kinds.

In particular, and without limiting the above:

Website content is marketing material. It is not a disclosure document, product disclosure statement, prospectus, or offer document under the Corporations Act 2001 (Cth) or equivalent legislation in any other jurisdiction.
The Company does not hold an Australian Financial Services Licence and does not purport to provide services for which such a licence is required.
Before making any purchase decision you should obtain independent advice from appropriately licensed advisors, including an Australian Financial Services Licence–authorised advisor if you are resident in Australia, together with Indonesian legal and tax counsel.

7. Jurisdictional Scope of Offer

The Website is accessible internationally, but the opportunity to purchase a villa interest is directed only at persons in jurisdictions where such an opportunity can lawfully be marketed and sold.

You are responsible for determining whether you are permitted, under the laws of your home jurisdiction, to enquire about, reserve, or purchase a villa interest. Where local law imposes qualification requirements (for example, wholesale or sophisticated investor requirements), you may be asked to provide evidence of your status before a Reservation Agreement is offered to you.

Nothing on the Website constitutes an offer or solicitation in any jurisdiction in which such an offer or solicitation would be unlawful.

8. KYC, AML, and Sanctions Compliance

Before a Reservation Agreement is executed or a purchase completed, you must complete the Company's Know Your Customer (KYC) verification. This is required under Indonesia's AML regime (Law No. 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering, administered by PPATK) and, where applicable, the AML/CTF laws of your home jurisdiction.

KYC typically requires:

government-issued photographic identification;
proof of residential address;
evidence of source of funds and, where relevant, source of wealth;
politically exposed person (PEP) and sanctions screening; and
for entity purchasers, corporate and beneficial ownership documentation.

We reserve the right to:

request additional documentation;
decline or cancel a reservation where KYC requirements are not satisfied within a reasonable time;
report suspicious matters to relevant authorities as required by law; and
decline any transaction that would, in our reasonable view, breach applicable AML, CTF, or sanctions laws.

If your reservation is cancelled because you cannot or do not complete KYC, the refund treatment of your Reservation Deposit is governed by the Reservation Agreement.

9. Reservation Deposits and Payments

9.1 Payment processing

Reservation Deposits are processed through Stripe Inc. or another approved payment gateway. By making a payment you also agree to the terms of the relevant payment processor. We do not store full payment card data.

9.2 What a Reservation Deposit is

Payment of a Reservation Deposit through the Website does not:

transfer ownership of any villa or shares;
confirm allocation of a specific unit; or
form a binding Reservation Agreement on its own.

A Reservation Deposit secures your place in the reservation process pending:

successful KYC verification;
acceptance by the Company; and
execution of a Reservation Agreement.

9.3 Pre-payment disclosure

Before you are asked to pay a Reservation Deposit, the Website will display a plain-English summary of the deposit terms, including the amount, what the deposit secures, the period for which it is held before application or refund, the circumstances in which it is refundable, and the account in which it is held. By paying a Reservation Deposit you confirm that you have read and understood that summary.

You will receive the full Reservation Agreement before your Reservation Deposit is applied to a binding reservation. If you do not wish to enter into the Reservation Agreement on the terms offered, you may withdraw and receive a refund of the Reservation Deposit on the terms set out in the pre-payment summary.

9.4 Refunds

Refund entitlements are governed by the Reservation Agreement and the pre-payment summary referred to above. Please retain copies of both.

10. Consumer Law Rights — Savings Clause

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, warranty, or remedy that you have under applicable law and that cannot lawfully be excluded, restricted, or modified.

Without limiting the above, if you are an Australian consumer, the consumer guarantees and other non-excludable rights in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) continue to apply, and to the extent any provision of these Terms is inconsistent with those rights, the non-excludable rights prevail.

11. Intellectual Property

All content on the Website — including text, graphics, logos, images, photographs, videos, designs, and software — is owned by or licensed to Kinnara Capital and is protected by copyright, trademark, and other intellectual property laws.

You may not, without our prior written consent:

reproduce, distribute, or modify any content;
use any content for commercial purposes;
remove or alter any copyright or trademark notices; or
create derivative works based on Website content.

If you believe content on the Website infringes your rights, please contact us using the details in clause 18 and we will review the matter promptly.

12. Website Warranties and Limitation of Liability

12.1 Website provided "as is"

Subject to clause 10 (consumer law savings), the Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including as to accuracy, completeness, availability, or fitness for a particular purpose.

12.2 Exclusions

Subject to clause 10, and except in the case of fraud, wilful misconduct, or death or personal injury caused by our negligence, we are not liable for:

indirect, incidental, special, consequential, or punitive loss;
loss of profits, revenue, data, business opportunity, or goodwill; or
loss arising from reliance on Forward-Looking Statements or other Website content.

12.3 Cap applicable to Website-related claims only

Subject to clause 10, our total aggregate liability for all claims arising from your use of, or inability to use, the Website is capped at the amount of any Reservation Deposit paid, or AUD $10,000, whichever is lesser.

This cap:

applies only to claims relating to the Website and its content;
does not apply to, and does not limit, our liability under a Reservation Agreement, Share Transfer Documents, or any other signed contract with you; and
does not apply to liability that cannot lawfully be excluded or limited.

13. Indemnification

You agree to indemnify and hold harmless the Company and its directors, officers, employees, agents, and affiliates against claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

your breach of these Terms;
your violation of any applicable law or regulation in connection with your use of the Website; or
your infringement of any third-party right in connection with your use of the Website.

This indemnity does not extend to loss to the extent caused by the Company's negligence, wilful misconduct, fraud, or breach of these Terms.

14. Third-Party Links

The Website may link to third-party websites or services. Those links are provided for convenience only. We do not endorse, control, or accept responsibility for the content, privacy practices, or operation of any third-party site, and you access those sites at your own risk.

15. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information.

Where applicable, our handling of personal information complies with:

Indonesia's Personal Data Protection Law (Law No. 27 of 2022);
the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles, to the extent they apply to our collection of personal information from Australian residents, including cross-border disclosure under APP 8; and
other applicable data protection laws.

By using the Website, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

16. Governing Law and Dispute Resolution

16.1 Governing law

These Terms, and any non-contractual obligations arising from or in connection with them, are governed by the laws of the Republic of Indonesia.

16.2 Negotiation first

The parties will first attempt to resolve any dispute arising from or in connection with these Terms through good faith negotiation for a period of at least 30 days from written notice of the dispute.

16.3 Arbitration

If the dispute is not resolved through negotiation, the dispute will be finally resolved by arbitration administered by Badan Arbitrase Nasional Indonesia (BANI) in Jakarta, under the BANI Rules in force at the time. The seat of arbitration is Jakarta, the language of the arbitration is English, and the tribunal will consist of one arbitrator unless the parties agree otherwise.

16.4 Small-claims carve-out

Notwithstanding clause 16.3, if you are a consumer and the amount in dispute is AUD $25,000 or less, you may elect to bring the claim in the courts of your place of residence. This carve-out recognises that arbitration in Jakarta may be a disproportionate forum for small consumer claims relating to Website use.

16.5 Interim relief

Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction.

17. General

17.1 Severability

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

17.2 Entire agreement

These Terms, together with the Privacy Policy, any pre-payment deposit summary, and any Reservation Agreement or Share Transfer Documents executed between you and the Company, constitute the entire agreement between the parties regarding the subject matter. Nothing in this clause excludes liability for fraudulent misrepresentation.

17.3 No waiver

Failure or delay by us to enforce any provision of these Terms does not constitute a waiver of that provision.

17.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations on notice to you.

18. Contact

PT Saraya Resort Lombok (PT PMA) — trading as Saraya Lombok, registered in the Republic of Indonesia. Registered office: Jalan Sunset Road Nomor 88, Kuta, Kab. Badung, Bali 80361, Indonesia. NIB: 1411250065654. NPWP: 1000000006760818.

Together with Kinnara Capital Limited, registered in Hong Kong, registered office at Unit 2, LG1, Mirror Tower, 61 Mody Road, Tsim Sha Tsui, Hong Kong.

Email: [email protected] Telephone: +62 813 39775503 Website: www.sarayalombok.com