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Refunds of payments made to Loker-Bali will be at Loker-Bali’s sole discretion.
Any dispute arising out of or in connection with this contract, including any questions regarding its existence, validity or termination, will be referred to and finally resolved by the National Commercial Arbitration Court under the Indonesian National Arbitration Board (BANI Arbitration Center), which, as a result of referring it , is considered as part of this clause. The number of arbitrators must be three (3). The seat, or place of law, or arbitration is Denpasar, Indonesia. The language of the proceedings is English. The law governing contracts is Indonesian substantive law.
The Parties agree that any arbitration will be limited to Disputes between the Parties individually. To the extent permitted by law, (a) arbitration may not be combined with other legal proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to use a class action procedure; and (c) there is no right or authority for any Dispute to be brought in a recognized representative capacity on behalf of the general public or any other person.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Dispute is not subject to the above provisions regarding informal negotiations binding arbitration: (a) any Dispute that seeks to enforce or protect, or regarding the validity of, any of the intellectual property rights of a Party; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for damages. If this provision is found to be illegal or unenforceable