Terms and Conditions
1. GENERAL
The General Terms and Conditions outlined in this Website apply to ferry services provided by Desaru Link Ferry Services Pte Ltd (“DLFS”, the “Company”) via the relevant Ferry Operators (“FO”) appointed by the Company for the carriage of passengers and their properties on board the relevant FO’s vessels. The Conditions of Carriage (“COC”) on board the FO’s vessels are governed separately by the respective FO’s COC. By using this Website and/or the relevant facilities, you shall be deemed to have agreed to the terms and conditions outlined in this document, hereinafter referred to as the “Agreement or T&C” between you and Desaru Link Ferry Services Pte Ltd.
Desaru Link Ferry Services Pte Ltd, =a company incorporated under the laws of Singapore, provides ferry services between Singapore’s Tanah Merah Ferry Terminal (“TMFT”) and Malaysia’s Desaru Coast Ferry Terminal (“DCFT”) and between Singapore’s Tanah Merah Ferry Terminal and Malaysia’s Tanjung Pengelih Ferry Terminal (“TPFT”). The Company has appointed Batam Fast Ferry Pte Ltd (“Batamfast”) as the ferry operator for the TMFT-DCFT and TMFT-TPFT sectors, collectively referred to as “SG-Desaru” sector. The Conditions of Carriage for the SG-Desaru sector is provided for in Batamfast’s COC linked here. The terms “we,” “us,” “our,” and “DLFS” refer to Desaru Link Ferry Services Pte Ltd. The term “you” refers to the customer using, visiting, or accessing this Website, or accessing/booking service on this Website or through our counters and agents.
The use of this Website is conditional upon your acceptance of all the terms, conditions, and notices outlined herein. By accessing this Website, you agree to be bound by this T&C. Please read the document carefully. If you do not accept these terms of service, please do not use this Website. At our sole discretion, we reserve the right to modify and update the T&C without prior notice, and your continued use of this Website means that you accept the latest version of the T&C. When using particular services on the Website, you are subject to additional published policies specific to such services, which may also be updated periodically. Such specific and supplementary policies or conditions form part of this T&C.
Users of this Website must be at least 18 years old to access and utilize the products and/or services offered herein.
2. GROUND HANDLING AND OTHER TERMINAL SERVICES PROVIDED BY DLFS:
The following services are offered by DLFS:
2.1 Luggage and Porterage service in Malaysia’s Desaru Coast Ferry Terminal and Malaysia’s Tanjung Pengelih Ferry Terminal. For the specific conditions, please refer here.
2.2 Provision of Terminal management system in Malaysia’s Desaru Coast Ferry Terminal and Malaysia’s Tanjung Pengelih Ferry Terminal.
3. LINKED SITES
This website may also include links to other websites including third-party links. These links are provided for easy access to the relevant products and services that are your primary purpose in visiting this website. DLFS reserves the right, at its sole discretion, to terminate any link or linking affiliates or partner programs at any time and for any reason it deems appropriate. If you decide to access any of the third-party sites linked to the website, you do this at your own risk.
The affiliates and/or partner links that we have included on this website are true and valid yet have their own set of terms and conditions. Please ensure that you read and understand their published conditions and terms of use of their website, products, and services before you engage.
4. DISCLAIMER
It is your entire responsibility to ensure that any products, services, or information that is available on this website meet your needs and requirements. You are also to ensure that all the products, services, and information that you are about to acquire through this website are considered carefully before initiating any transaction.
You understand that DLFS does not give any warranty on any products and services that are purchased through the third-party links that are provided on this website.
You understand that any material you download or otherwise take from this website or from any of the third-party links and websites is at your own discretion and you will be solely responsible for any data loss or damage on your device that would result from the download that you initiated.
In no case shall DLFS or its officers, directors, employees, suppliers, partners, vendors, licensors, or agents be liable to you for any damages whatsoever (including, without limitation, damages for loss of monies, loss of profit, loss of information, loss of potential revenue and/or income, any type of business interruption, incidental, coincidental, direct or indirect punitive damages of any kind howsoever arising, including negligence) out of the use of or inability to use the materials acquired in this or through this website, even if DLFS has been advised of the possibility of such damages. If the company of the service provider, operator, or seller has failed to meet your expectations on any of the products and services that you acquired, please liaise directly with them.
5. INDEMNITY
You agree to indemnify DLFS and our subsidiaries, affiliates, officers, directors, agents, legal counsels, employees, or other partners, harmless from any claim or demand for any damage, liability, loss of personal or real property, personal and physical injury, violation of any law, expenses and other types of losses, including, without limitation for legal and accounting fees, as a result of or in any connection with (a) access to our Website and its usage (b) booking and purchasing of any products and services.
6. INTELLECTUAL PROPERTY RIGHTS
You agree and acknowledge that all contents on this Website and all software are protected by copyright laws, trademarks, patents, or any other proprietary rights and intellectual property laws. You, therefore, agree not to copy, reproduce, modify, distribute, sell, loan, or create anything that is derived from any sections of this Website without the expressed written permission of DLFS.
Desaruferries.com, the DLFS logo, and other relevant trademarks and service marks, logos and product and service names, and other taglines (collectively the “Marks”) are trademarks of DLFS. You agree not to display or use the Marks in any manner without the prior written permission of DLFS in each instance.
7. LIMITATIONS OF SERVICE
You hereby acknowledge that we may establish limitations on the usage and parameters including but not limited to, the number of products and services posted on one page and the maximum size/s of content to be used within the Website. You understand and agree that DLFS may adapt technical adjustments to any of these materials in order to be published within the website, which may affect its appearance on any device used in accessing our website. You agree that you are aware that contents may affect the transmission of data, storage, and deletion of data. You agree that DLFS will maintain the accessibility and modification of any part of this website as we deem fit, therefore no liability or responsibility will be imposed by you or any third party.
8. LIMITATION OF LIABILITIES
DLFS and our subsidiaries, affiliates, officers, directors, agents, legal counsels, employees, other partners, advertisers, shareholders, affiliates, successors, or assigns are not liable for any loss, damage, liability, or cost suffered during and within the usage of this Website and termination of its services. You understand and agree that we are not responsible for any claims of damage that would result, or which resulted from the use of this Website and any of DLFS’ services. We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, loss of enjoyment, or other intangible losses resulting from (a) the use of or the disruption of the use of the Website or Service; (b) the cost of acquiring substitute goods and services resulting from unrealized booking and delivery of any goods, data, information or services purchased or obtained/transacted via the Website (c) statements or actions of any third party on the Website; or (d) any other matter relating to the Website or Services. In legal jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, DLFS’ liability shall be limited to the fullest extent permitted by applicable laws. If you are not satisfied with the Website, Service, or you disagree with any part of the T&C or have any other dispute or claims against DLFS with respect to the T&C, your sole/exclusive recourse shall be to discontinue using the Website.
We have no liability for circumstances beyond our control
We shall have no liability for any delay or failure to book or execute a service booked from the third-party links. We are not responsible for any breach of contract caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: any actions or damages caused by the actions or omissions by service providers in relation to any service booking transactions or communications via the Website; war or threat of war; accidents causing delays or cancellation of a booked Service; exceptional severe weather conditions; fire and/or damage at an airport terminal, jetty, hotel or accommodation premises; compliance with requests of the police, customs or other government, officials and security services; deaths and accidents at sea, land or air; vandalism and terrorism; unforeseen traffic delays; strike/industrial action, riot or local disturbance or unrest; problems caused by other customers; delays and cancellations due to actions by a police officer, customs official or governmental official; approval of relevant governmental department of the countries concerned being refused on grounds of national security etc; bankruptcy, insolvency or cessation of trade of any service provider using the Website / booking platform; and other circumstances affecting service provider safety.
9. GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed by and be construed according to the laws of Singapore. Any dispute which cannot be amicably resolved by the users and DLFS shall be referred to arbitration in Singapore by and according to the rules of Singapore International Arbitration Centre.
10. OTHER MATTERS
You agree and understand that you are not authorized to make any statements, representations, or commitments of any kind, or take any action, which shall be binding to DLFS or any other party.
This T&C constitutes the entire agreement between you and DLFS and regulates your use of the Website and the Services. This T&C supersedes any prior agreements between you and DLFS. For corporate Service providers that deal with DLFS via direct arrangements and systems integration, you may also be subject to a separate contract and additional terms and conditions that may apply. You acknowledge that DLFS has the right to take legal action if your actions violate this T&C to the disadvantage of DLFS or any of its affiliates. Failure to exercise or enforce any of our rights or provision of this T&C shall not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, the other provisions of this T&C shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Service or this T&C shall prescribe one year after such event or claim transpired. You confirm that you have read and agree to the DLFS Privacy Policy, the terms of which form part of this T&C. The section titles in this T&C are for purposes of convenience and have no legal or contractual effect.
11. NOTICES
If you have any questions and clarifications pertaining to these terms and conditions, or if you need to report any violation pertaining to these terms and conditions, please email DLFS at [email protected].