Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND DIVE VAULT’S SERVICES.

These terms and conditions (the “Terms” or “Terms of Use” or “Agreement”) apply to all our services made available online and offline. By accessing, browsing, or using our website or any of our applications through whatever platform, including on-site store (herein collectively known as the “Site”), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below. If you do not wish to agree to the Terms of Use, please refrain from using the Site. DiveVault reserves the right to amend these terms and conditions at any time by posting the updated terms on our Website. Such amendments will immediately become effective upon posting.

1. Scope of our Service

Divevault.asia (“DiveVault”) – a company wholly owned by Skoobaholik Sdn Bhd provides a recreational dive equipement storage, dive equipment servicing, and second hand dive equipment trading services, which Services are accessible at http://www.divevault.asia and at DiveVault’s office located at 29-2 Plaza Danau 2, Jalan 4/109F, Taman Danau Desa, 58100, Kuala Lumpur, Malaysia  (collectively, the “Site”). By accessing DiveVault’s services via the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and all collective content, and constitute a binding legal agreement between you and DiveVault. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.

The Parties agree as follows:

DiveVault acts as a recreational dive equipment storage facility, dive equipment servicing, and second-hand dive equipment trading platform.

Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and that all modifications must be made in writing signed by both parties, except otherwise agreed.

2. Representation and Warranties

You represent and warrant that:

  • You are of sufficient legal age to use the Site and DiveVault’s services in accordance with all the Terms and Conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of the Site.
  • You will not use the Site to make any speculative, false or fraudulent registration and/or activities

3. DiveVault’s Responsibilies

For recreational dive equipment storage:

  • It is DiveVault’s responsibility to produce your stored equipment for your collection,  undamaged, or delivered to you upon request as a surcharge. By “undamaged” it means in the same condition as they were in the time the equipment was sent for storage and cleaning after each dive. DiveVault’s responsibility will cease upon delivery to you, or upon collection by you from DiveVault’s premise.
  • DiveVault will only accept liability for damage or loss of your dive equipment where such damage or loss is attributable or in consequence of the following events: fire, lightining, explosion, theft accompanied by forcible or violent entry of malicious damage out of DiveVault’s control. In any case, DiveVault’s premise is insured against fire and theft.
  • The amount of liability under the provision above shall be determined pursuant under Clause 7.

4. Non-permittable Goods for Storage

The items listed below are examples but not an exhaustive list of recreational dive equipment and/or other items that are prohibited to be stored and maintained at DiveVault:

  • Stolen diving goods (e.g. BCD, fins, mask, regulators)
  • Rebreathers and/or technical diving equipment
  • Drugs
  • Illegal merchandise
  • Contrabands
  • Spear fishing equipment

If you submit such items without our prior knowledge, DiveVault will endeavor to make them available to you for your immediate collection upon discovery of such items. If you do not collect them within a reasonable time, DiveVault will dispose of such items and/or surrender such items to the relevant authorities without notice.

In addition, you will be liable to indemnify DiveVault against any charges, damages, expenses, legal costs, or penalties incurred by DiveVault in relation to such prohibited items. Furthermore, DiveVault will not be liable to you for any damage or loss incurred or suffered by you as a result of DiveVault’s disposal or destruction of such prohibited items.

5. Ownership of Dive Equipment

By entering into the Agreement, you guarantee that:

  • The dive equipment stored or being sent for servicing at DiveVault is your own property
  • DiveVault will only give access to your property to a third party only if we have confirmation in writing from you to do so
  • You will indemnify DiveVault against any loss or damages including costs brough against or suffered by DiveVault is the provision in this clause is not true.

6. Payment

You will be invoiced once you have signed up with DiveVault and full payment shall be made thereafter before DiveVault begins to provide you with its services.

No refunds will be provided for early termination of DiveVault’s services upon your request. DiveVault’s equipment storage service is contracted for a minimum of 12 months.

Additional charges are payable upon request for additional add-on services provided by DiveVault.

7. Determinations of Amount of DiveVault’s Liability for Loss or Damage

Where the loss or damanged items is part or a pair of set, DiveVault’s liability to you, where it is to be assessed for the cost will be assessed as a sum equivalent to the cost of that item in isolation and not the cost of that item as part of or pair of a set. The maximum liability for storage is RM3000, unless agreed otherwise with DiveVault.

8. DiveVault’s Right to Hold Goods (Lien)

DiveVault reserves the right to withhold some of all of your goods until you have paid the fees charged for DiveVault’s services.

9. Limitation of Liability

DiveVault shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use the Site and/or Services, or the information, products and services obtained through this website, the submission of any personal information, the performance or non-performance by DiveVault, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if DiveVault has been advised of the possibility of such damages.

Notwithstanding anything to the contrary in this Agreement, the liability of DiveVault shall in no event exceed the amounts paid for such services or products, and total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by you.

10. Disclaimer

Your use of the Site and DiveVault’s services is at your sole risk. Our services are provided on an “as is” basis and you assume total risk and responsibility for your use of our services. In no event will DiveVault or its affiliated company(ies), directors, employees, agents, or contractors be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages).

To the maximum extent permitted by law, DiveVault specifically disclaims all warranties, express or implied, in respect to its purpose, non-infringement of intellectual property or other proprietary rights or compatibility between this Site and any software or hardware.

The information contained in the Site is subject to change without notice.

DiveVault neither warrants nor makes any representations regarding the accuracy or completeness or these websites or of any dates or information contained in these websites of that the use of this website will be uninterrupted or error free or that any information, data, content, software, or other material accessible through these websites will be free of bugs, viruses, worms, Trojan horses or other harmful components.

11. Acknowledgement

The disclaimer and limited liability of DiveVault as set out in this agreement are fundamental elements of the basis of the agrement, and you agree that DiveVault would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this agreement.

12. Force Majure

DiveVault shall not be liable for damages of any kind arising out of any failure or delay by DiveVault in performing any or all of our obligations contained herein or in respect of any products or Service if the failure or delay is due to circumstances or caused beyond our reasonable control.

13. Indemnity

You shall indemnify and keep DiveVault indemnified against all claims, demands, actions, proceedings made or brought against DiveVault arising from your use of the Site and/or services and/or any breach of any term of condition by you.

14. Links to Third Parties

These websites may contain hyperlinks to websites operated by parties other than DiveVault. The inclusion of hyperlinks to such websites does not imply DiveVaults’s endorsement of such websites nor any association with their operators. DiveVault is not responsible for the contents of other websites.

15. Images

All images used on this website were obtained in good faith by DiveVault and in the belief that all necessary consents and clearances were obtained for their use. However, if you believe that unauthorized use has been made of an image belonging to you please contact us. Where attribution is required, a link to the original website or image is given. DiveVault holds no claim to the authenticity nor guarantees the accuracy of any photos featured on the Site.

16. Intellectual Property

Unless stated otherwise, the software required for our services or available on or used by our Site and the intellectual property rights (including the copyrights) of the contents and information of and material on our Site are owned by DiveVault.

DiveVault exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Site on which the service is made available (including guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extend that you would (wholly or partly) use of combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to DiveVault. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).

17. Severability

Any provision in this agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:

  • Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability
  • Not invalidate the remaining provisions of this agreement
  • Not affect the validity of that provision in any other jurisdiction

18. Assignment

You may not assign or transfer these Terms in whole or in part, by operation of law or otherwise, without DiveVault’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. DiveVault may assign or transfer these Terms in whole or in part, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

19. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by DiveVault (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

20. Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of Malaysia and English law, without regard to its conflict-of-law provisions.

21. Dispute Resolution

You and DiveVault agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and DiveVault are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and DiveVault otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

22. General

The failure of DiveVault to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DiveVault. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

23. Third Party Beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

24. Contacting DiveVault

If you have any questions about these Terms, please contact DiveVault at admin@divevault.asia

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