Terms & Conditions

These Terms and Conditions ("Terms") govern access to and use of the Dipsea Island digital marketplace platform, including its website, mobile applications, and related services (collectively, the "Platform"), operated by AI JENTAYU TECHNOLOGY SDN BHD ("Dipsea," "Company," "we," "us," or "our").

Dipsea connects travellers and users ("Users") with island owners, hosts, operators, and service providers ("Vendors") for accommodation, trips, activities, experiences, and related services.

Platform Role & Disclaimer of Agency

• 1.1Dipsea operates solely as an online marketplace intermediary.
• 1.2Dipsea does not own, control, manage, or provide Vendor services and is not a travel agency, tour operator, property manager, insurer, or guarantor.
• 1.3All contracts for services are entered directly between Users and Vendors.

Eligibility & Account Obligations

• 2.1Users must be legally capable of entering binding contracts.
• 2.2Users agree to provide accurate and complete information.
• 2.3Dipsea may suspend or terminate accounts for violations, fraud, or misuse.

Data Protection & Privacy Compliance

3.1 Dipsea processes personal data in accordance with:

• Malaysia PDPA 2010
• Applicable Southeast Asian data protection laws
• GDPR, where applicable

3.2 Personal data may be processed for:

• Account management
• Booking facilitation
• Payment processing
• Customer support
• Legal compliance
• Platform improvement
• Marketing with consent

3.3 Legal bases for processing include consent, contractual necessity, legal obligations, and legitimate interests.

3.4 Users may exercise data subject rights including access, correction, withdrawal of consent, deletion, restriction, portability, and objection where applicable.

3.5 Personal data may be transferred across borders subject to appropriate safeguards.

Bookings, Payments & Platform Controls

• 4.1All payments must occur through the Platform.
• 4.2Circumvention of Dipsea payment systems is strictly prohibited.
• 4.3Dipsea may hold funds in escrow-like arrangements for security and compliance.

Vendor Obligations

Vendors warrant that they:

• Have legal authority and approvals
• Provide accurate listings
• Comply with laws and safety standards
• Maintain insurance where required

Pricing, Platform Margin & Payout Policy

This section incorporates Dipsea's Vendor Pricing, Margin & Payout Policy and forms an integral part of these Terms.

6.1 Net Price Listing Requirement

Vendors must list the net amount they intend to receive, exclusive of commissions or intermediary charges.

Dipsea may remove inaccurate or misleading listings without liability.

6.2 Platform Revenue Model

• Dipsea applies a markup margin payable by Users.
• Vendors receive 100% of their Net Price for completed services.

6.3 Payment Processing & Release

• All payments flow through Dipsea.
• Payouts occur after service completion and may be delayed for disputes, fraud, or legal compliance.

6.4 Disputes & Indemnity

Vendors assume full responsibility for service delivery and indemnify Dipsea from related claims.

6.5 Taxes & Compliance

Vendors are responsible for all taxes, permits, and legal requirements applicable to their services.

6.6 Commercial Arrangements

Dipsea may offer customised payout terms at its discretion.

6.7 Limitation of Liability

Dipsea disclaims liability to the fullest extent permitted by law.

User Conduct Standards

Users agree to access and use the Platform in a lawful, ethical, and responsible manner at all times.

Prohibited conduct includes, but is not limited to, misrepresentation, circumvention of payment systems, fraudulent activity, harassment, exploitation of Vendors, or interference with Platform operations.

Dipsea reserves the right to investigate suspected misconduct, restrict access, suspend accounts, and take legal action where necessary. Such enforcement may occur without prior notice where permitted by law.

Users remain solely liable for all actions undertaken through their accounts.

Cancellations & Refunds

Cancellation policies may vary depending on Vendor offerings, service types, and contractual terms disclosed at booking.

Dipsea may facilitate communication, refunds, or adjustments as a marketplace intermediary but does not guarantee specific outcomes.

Vendors authorise Dipsea to process refunds, reversals, or payout modifications where disputes arise.

Dipsea's determinations shall be reasonable and made in good faith.

Intellectual Property Rights

All content, software, databases, designs, trademarks, logos, and proprietary technology associated with the Platform are owned by or licensed to Dipsea.

Users are granted a limited, revocable, non-exclusive licence to access the Platform for personal and lawful use only.

Unauthorised copying, modification, distribution, scraping, reverse engineering, or commercial exploitation is strictly prohibited.

Dipsea reserves all rights not expressly granted herein. Violation may result in immediate termination and legal action.

Warranties & Disclaimers

The Platform is provided on an "as is," "as available," and "with all faults" basis.

Dipsea expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for purpose, and non-infringement.

Dipsea does not warrant uninterrupted availability, accuracy of listings, or quality of Vendor services.

Use of the Platform is at the User's sole risk. Some jurisdictions may not allow certain disclaimers; applicable rights remain unaffected.

Liability Limitation

To the fullest extent permitted by law, Dipsea shall not be liable for indirect, incidental, special, consequential, punitive, or economic losses.

This includes loss of profits, revenue, data, goodwill, or business opportunities.

Dipsea's aggregate liability shall not exceed the total platform fees earned in the relevant transaction.

These limitations apply regardless of the legal theory asserted. Nothing herein excludes liability where prohibited by law.

Indemnification

Users and Vendors agree to defend, indemnify, and hold harmless Dipsea, its officers, directors, employees, and affiliates from any claims, losses, damages, liabilities, and legal expenses.

This includes claims arising from breach of these Terms, misuse of the Platform, violation of law, or Vendor service failures.

Dipsea reserves the right to assume exclusive defence of any matter subject to indemnification. Cooperation shall be provided at the indemnifying party's expense.

This obligation survives termination of these Terms.

Termination

Dipsea reserves the right to suspend or terminate access to the Platform with or without notice for breach of these Terms, suspicious activity, legal obligations, or operational reasons.

Users and Vendors submit to the exclusive jurisdiction of Malaysian courts for any matters arising from termination.

Dipsea reserves the right to seek injunctive or equitable relief in any jurisdiction.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Malaysia.

Conflict of law principles shall not apply, and international conventions on contracts shall be excluded.

Amendments

• Dipsea may revise these Terms at any time to reflect operational, legal, or commercial changes.
• Revised Terms become effective upon posting to the Platform.
• Continued use constitutes binding acceptance of all updates.
• Users are responsible for reviewing Terms periodically.
• If a User disagrees with revisions, they must discontinue use of the Platform.

Inherent Risks of Island Travel & Activities

Users expressly acknowledge and agree that travel to islands, remote locations, marine environments, and participation in tourism, recreational, transportation, lodging, and adventure activities inherently involve significant risks, dangers, and hazards — both known and unknown.

Such risks include, without limitation:

• Extreme or unpredictable weather conditions
• Rough seas, strong currents, tides, and maritime accidents
• Boat, ferry, aircraft, or transport failures
• Diving, snorkelling, swimming, hiking, wildlife encounters, and water sports injuries
• Remote medical access limitations
• Infrastructure failures
• Fire, flooding, disease, insect bites, foodborne illness, and environmental conditions
• Criminal acts, negligence of third parties, or acts of nature

Release & Waiver of Claims

To the fullest extent permitted by law, Users and Vendors hereby irrevocably release, waive, discharge, and hold harmless Dipsea, its directors, officers, employees, shareholders, affiliates, agents, and partners from any and all claims, demands, actions, causes of action, damages, losses, costs, or liabilities of any kind arising from or related to:

• Use of the Platform
• Bookings or services arranged through the Platform
• Travel to or from island locations
• Participation in activities offered by Vendors
• Injury, illness, death, property damage, or financial loss

This release applies whether caused by negligence, breach of duty, system failure, force majeure, or acts of third parties, except where prohibited by law.

No Responsibility for Vendor Operations

Users acknowledge that Vendors operate independently and are solely responsible for their services, safety standards, personnel, equipment, premises, and compliance with law.

Dipsea does not inspect, supervise, monitor, or control Vendor operations.

Dipsea makes no representations regarding safety, legality, suitability, or quality of Vendor services.

All responsibility rests solely with Vendors and Users.

Assumption of Medical & Emergency Risks

Users accept full responsibility for their physical and medical fitness to participate in booked activities.

Users acknowledge that emergency services may be limited, delayed, or unavailable in island and remote locations.

Dipsea bears no responsibility for medical treatment, evacuation, rescue costs, or outcomes.

Force Majeure & Uncontrollable Events

Dipsea shall not be liable for any failure, delay, cancellation, or loss resulting from events beyond its reasonable control, including but not limited to:

• Natural disasters, storms, earthquakes, tsunamis, floods
• Pandemics, epidemics, government actions, border closures
• Transportation disruptions
• Utility failures
• Acts of war, terrorism, civil unrest, or labour disputes

Such events shall not entitle Users or Vendors to claims against Dipsea.

Acknowledgement of Understanding

By using the Platform, Users expressly confirm that they:

• Have read and understood these risk disclosures
• Understand the inherent dangers involved
• Voluntarily assume all risks
• Agree to the waivers and releases contained herein

This acknowledgement shall be binding and enforceable to the maximum extent permitted by law.

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