Terms & conditions
INVEST INDONESIAN ISLANDS is registered in Indonesia and its Indonesian [USD-denominated] bank account at XXX bank is under INVEST INDONESIAN ISLANDS. Investor funds will be taken into and out of this XXX account.
INVEST INDONESIAN ISLANDS is paid via:
A) A 15% Fee which is included in the sale price. This covers getting the infrastructure in place for the specified plot(s), all taxes involved and setting up and managing the SPV Holding Company in Hong Kong.
B) If the client chooses to sell the plot(s) through INVEST INDONESIAN ISLANDS, a Sales Agent Fee of 2.5% of the total sale price is taken at the time of resale of the plot(s).
INVEST INDONESIAN ISLANDS will donate 20% of our profits to Charities, including the ones advertised on this website. The Investor can request Proof of Payment by a simple email to his broker.
4. MARKETING INFORMATION
Information contained on this website and in any marketing material is for evaluation purposes only and although it is provided in good faith and every effort has been made to check the sources of the information and to keep it up to date, INVEST INDONESIAN ISLANDS does not guarantee their completeness or accuracy and visitors should not rely solely upon this website and the marketing material provided for their investment decision. INVEST INDONESIAN ISLANDS does not warrant that the plots offered correspond exactly with any picture in any marketing materials provided by the INVEST INDONESIAN ISLANDS representative. All information contained on this website is subject to change without notice.
Through this website you are able to link to other websites which are not under control of INVEST INDONESIAN ISLANDS, and INVEST INDONESIAN ISLANDS does not necessarily endorse the views expressed within them.
5. DISCLAIMER ON INFORMATION
While every effort has been made to ensure the accuracy of the information provided on our website, social media and marketing materials, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or technical legal advice on the information provided, please contact INVEST INDONESIAN ISLANDS and a lawyer.
6. GENERAL LEGAL & TAX
Investors are subject to the legal and tax regulations of Indonesia as well as the legal and tax regulations of their country of residence.
7. FOREIGN OWNERSHIP OF INDONESIAN PROPERTY
The Investor understands that current Indonesian law does not allow direct foreign ownership of freehold land [Hak Milik], and accordingly understands that in order to comply with Indonesian Property Law he/she is investing in INVEST INDONESIAN ISLANDS as an ownership vehicle, which he/she has effective control over the property through the Right to Build HGB [Hak Guna Bangunan] licence acquired by INVEST INDONESIAN ISLANDS.
The real estate law in Indonesia is mainly governed in the Law No. 5 of 1960 on Principle Provisions of Agrarian (The ‘Agrarian’ Law). Currently in Indonesia, there is no limitation for the foreigner or the foreign entity to establish an Indonesian legal entity, fully owned by a foreigner or a foreign entity, which has main business in property development/investment sector. This matter is regulated under the Presidential Regulation of the Republic of Indonesia Number 77 of 2007 on List of Business Fields Closed and Open with Condition to Investment as amended by Regulation of President of the Republic of Indonesia Number 111 of 2007 on Amendment to Presidential Regulation of the Republic of Indonesia Number 77 of 2007 on List of Business Fields Closed and Open with Condition to Investment.
The investor understands every attempt has been made to ensure the access to the land is secure and maintained. However, in the unlikely event of closure, temporary or otherwise, there may be delays in providing infrastructure until an alternative access solution is found.
Until resale of the land (if any sale occurs), INVEST INDONESIAN ISLANDS shall have the right to undertake any action that may be reasonably necessary to:
- Secure the investor’s property; and
- Provide maintenance services and improvements to the investor’s property.
The above can be undertaken as long as this adds value to the investor’s property and/or facilitates future resales and is therefore in the Investor’s interest.
10. FORCE MAJEURE
The investor acknowledges the risks of real estate investments in general, such as possible changes in the local real estate conditions, physical damage or destruction by force majeure, legislation changes by the Government of Indonesia and overall fluctuation in asset prices.
This force majeure clause defines the scope of unforeseeable events that might excuse nonperformance by INVEST INDONESIAN ISLANDS. The term force majeure comes originally from the Code Napoléon of France
and means “superior force”.
INVEST INDONESIAN ISLANDS shall not be liable to the investor or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of INVEST INDONESIAN ISLANDS’S obligations in relation to the plot(s) purchased, if the delay or failure was due to any cause beyond INVEST INDONESIAN ISLANDS’s reasonable control.
Without prejudice to the generality of the foregoing, the following shall be regarded as an event of force majeure and beyond INVEST INDONESIAN ISLANDS’s reasonable control, including but not limited to:
- Acts of God, flood, tempest, fire;
- War or threat of war;
- Strikes or labour disputes;
- Embargoes, sabotage, insurrection, civil disturbance or requisition;
- Acts, restrictions, regulations, or measures of any kind on the part of any governmental, parliamentary or local authority; or
- Any other force majeure event.
Where there is an event of force majeure, INVEST INDONESIAN ISLANDS undertakes to actively evaluate the impact on the Investor’s plot(s) and will immediately notify the investor by email or phone giving full particulars of the event of force majeure and the reasons for the event preventing or delaying INVEST INDONESIAN ISLANDS from performing its obligations under the Agreement and INVEST INDONESIAN ISLANDS will use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the Agreement and to fulfil its obligations under the contract.
In the event that any of the above occurs, INVEST INDONESIAN ISLANDS will evaluate whether to suspend performance.
An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event.
Upon completion of the event of force majeure INVEST INDONESIAN ISLANDS will as soon as practicable recommence the performance of its obligations under this contract.
If the force majeure event continues for more than a specified period of time (to be advised depending on the event) INVEST INDONESIAN ISLANDS will re-evaluate the investment and keep the investor informed of any updates.
11. ECONOMIC CLIMATE
The investor understands that changes in the economic and political climate may have effects on the currency, interest rates and investor appetite, which may therefore also affect asset prices or delay performance.
12. EMERGING MARKET
The investor recognizes the difficulties of operating in an emerging property market, such as obtaining certificates and understanding regulations and reliability of data sources.
INVEST INDONESIAN ISLANDS conducts an extremely thorough due diligence process when acquiring the plot(s). While every effort is made to eliminate these uncertainties, sometimes it is impossible to completely remove them.
13. CERTIFICATE OWNERSHIP
Unless otherwise agreed in writing between the Investor and INVEST INDONESIAN ISLANDS, every Investor will have the right after purchasing the plot(s) to choose to sign notarized documents in order to change the ownership certificate from INVEST INDONESIAN ISLANDS to another PMA or change the certificate’s ownership title from HGB to Hak Milik. The investor will be able to choose if he prefers to use a Nominee recommended by INVEST INDONESIAN ISLANDS or any other Indonesian Citizen of his choice. Both these changes will imply signature of several notarized documents and possible community agreements such as covenants, prepared by INVEST INDONESIAN ISLANDS. The investor understands that he will bear all related costs to such changes.
The investor acknowledges that a market past performance is not necessarily indicative of future results and asset prices fluctuate or even return negative results for reasons outside of INVEST INDONESIAN ISLANDS control. Investors are required to conduct their own investigations, analysis, due diligence, draw their own conclusions, and make their own decisions. Any areas concerning taxes or specific legal or technical questions should be referred to lawyers, accountants, consultants, brokers, or other professionals licensed, qualified or authorized to render such advice. The investor is also aware that there is no specified timeline for this investment so any investment returns mentioned are based on approximate values only.
If you use this Website in another language than English, you acknowledge and agree that any translation from the English language versions is provided to you for your information only.
To all extents the official language of these General Terms and Conditions is English. In the event of existing translations to other languages, as to interpretation of any and all of the clauses thereof, the original document in English shall prevail.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. The reproduction, marketing, publication or distribution of the texts, photographs, drawings, logos or any other content included on this web portal, partially or completely, is expressly prohibited in any way whatsoever without the prior express written permission of INVEST INDONESIAN ISLANDS.
Please note we are not associated with Companies mentioned on the site and that we acknowledge that products, company names and logos mentioned on this site are trademarks of their respected owners.
A) When and What personal information do we collect from the people that visit our office, website or blog? Why do we collect this information?
INVEST ISLANDS only collects PII that is necessary for us to serve your needs.
Generally, when you request further information, fill out a form, enter information on our site or subscribe to our newsletter, as appropriate, we request that you voluntarily supply us with PII. Such personal information includes information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number, country of origin, other contact information (whether at work or at home) or other details to help you with your experience.
Products or services through our Site use your personal information to, among other things: operate the Site and fulfill your requests; and conduct research.
INVEST ISLANDS also automatically receives and records information on our server logs from your browser, including your IP address and the pages you request. We intend to continue improving the content and function of our Site, and we monitor customer traffic patterns and site usage to help INVEST ISLANDS provide content of interest to you, add and improve features of our Services and enhance the design and layout of our Site.
Importantly, INVEST ISLANDS shall provide a copy of the individuals PII, free of charge, in an electronic format.
B) How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To improve our website in order to better serve you.
- To allow us to better service you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To send periodic emails regarding your purchase or other products and services.
- To follow up with them after correspondence (in person, email or phone inquiries)
C) Is Information Shared or Disclosed?
INVEST ISLANDS may collect information from visitors to the website for marketing purposes to improve our targeting and analytics.
INVEST ISLANDS may store and disclose personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to:
(a) protect the rights, safety or property of users of our Site, the public, or INVEST ISLANDS; and
(b) conform to legal or regulatory requirements.
INVEST ISLANDS may also store and disclose personal information such as your first and last name, contact number, email address and country of origin to the employees of INVEST ISLANDS for the purpose of providing you with further information via our newsletter, phone or email. This information may be obtained when you register for a newsletter subscription on our Site, when you visit a representative in the Gili Trawangan Office, or when you provide your details to any representative of INVEST ISLANDS.
D) Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your PII.
E) Third-party links
We do not include or offer third-party products or services on our website.
F) How do we protect your information?
We do not use vulnerability scanning and/or scanning to Payment Card Industry (PCI) Data Security Standards as we do not record or store any card details at our office or on our site.
We are aware that PCI compliant scans are now required, but we do not collect, record or store credit card information.
We use a Safeguard option through our website hosting to protect your information.
Your PII is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
G) Do we use ‘cookies’?
No. We do not currently have cookies, pop-ups or anything similar. However, we will have some pop-ups and CTA buttons when the new version of our website is launched.
If we do commence using cookies, if you turn cookies off, it won’t affect the user’s experience .
H) Google and Does our site allow third-party behavioral tracking?
It is important to note that we do allow third-party behavioral tracking through the use of Google Analytics, adWords, Google webmaster tool, and Google Business.
We have not enabled Google AdSense on our site but we may do so in the future.
Even if Google cannot identify a user by related data, INVEST ISLANDS requires explicit ownership and to have the use of rights for user related data that is uploaded or inserted in other ways.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
By entering our site and/or providing information to an INVEST ISLANDS representative you consent to this information being obtained. You also understand that you can contact us on [email protected] to withdraw your consent to the above.
I) California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information:
- By emailing us; or
- By calling us
J) How does our site handle Do Not Track signals?
We honor Do Not Track signals and do not track or use advertising when a Do Not Track (DNT) browser mechanism is in place.
This Site is not intended for or directed to persons under the age of 18. INVEST ISLANDS does not sell products for purchase by children. Any person who provides their personal information to INVEST ISLANDS through a representative or the Site represents to INVEST ISLANDS that they are 18 years of age or older.
L) Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
In compliance with new GDPR in the EU, we will notify you via email within 72 hours of INVEST ISLANDS becoming aware of the breach. This notification will occur ‘without undue delay.’
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
M) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions;
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not to use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
N) How to Stop Sharing of Information and Withdraw Your Consent to Store Your PII?
You may withdraw your consent at anytime.
You can let us know that you do not wish to receive information or future emails from our employee by sending an e-mail to [email protected].
You can also “opt-out” of having your information shared by sending an email to [email protected]. To cancel your INVEST ISLANDS newsletter subscription, you can unsubscribe by following the instructions at the bottom of each newsletter email.
We will promptly remove you from ALL correspondence.
O) Emails Sent To You
We will send you emails when you request property information and to keep you updates on the Indonesian market. We may send you email notices about new features, products and services. We may also send you email notices regarding Site and service announcements containing important information about the Services. You can unsubscribe to these notifications by following the ‘unsubscribe’ instructions at the bottom of the email you receive.
P) Contacting INVEST ISLANDS