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TERMS
AND CONDITIONS OF USE
Welcome! You have entered the website owned and
operated by ScubatexPro.com (“ScubatexPro.com”), identified by
the URL ScubatexPro.com (the "Site"), but
before proceeding further please read carefully the
following Terms and Conditions of Use which will
govern your use of the Site (”Terms and
Conditions” which expression shall include any
modification that may from time to time be made
thereto by ScubatexPro.com). By using the Site or by
placing an order through the Site you agree to and
accept all these Terms and Conditions and therefore
have entered into an agreement with ScubatexPro.com governing your use of the Site. In addition, when
you use any current or future ScubatexPro.com
service(s),
you also will be subject to the guidelines and
conditions applicable to such service or business.
USE OF SITE ACCESS
ScubatexPro.com grants
you a limited non-exclusive license to access and
make personal and non-commercial home use of this
Site. As such, you cannot download the Site (other
than page caching) or modify the Site or its
contents or any portion of the Site or any of its
contents, except with the prior written consent of ScubatexPro.com. This license does not include any resale or
commercial use of this Site or its contents; any
collection and use of any product listings,
descriptions, or prices; any derivative use of this
Site or its contents; any downloading or copying of
account information for the benefit of another
merchant and/or user; or any use of data mining,
robots, or similar data gathering and extracting
tools. This Site or any portion of this Site may NOT
be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial
purpose without prior express written consent of ScubatexPro.com. You may not frame or utilise framing techniques to
enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or
form) of ScubatexPro.com and the Site without ScubatexPro.com’s prior express written consent. You may not use
meta tags or any other "hidden text"
utilising ScubatexPro.com and the Site’s name or
trademarks without the prior written consent of ScubatexPro.com. Any unauthorised use automatically terminates the
permission or license granted by ScubatexPro.com.
You are granted a
limited, revocable, and non-exclusive right to
create a hyperlink to the homepage of the Site so
long as the link does not in any manner whatsoever
or howsoever portray or depict the Site, or its
products or services in false, misleading,
derogatory, obscene or otherwise offensive light or
manner. You may not use any ScubatexPro.com logo, the
Site logo or other proprietary graphic or trade mark
as part of the link without ScubatexPro.com’s prior
express written consent.
YOUR PARTICULARS
When you register
with ScubatexPro.com, you agree to (i) provide true,
accurate, current and complete information about
yourself as prompted by the Order form (the
"Order Data") and to (ii) maintain and
promptly update the Order Data to keep it true,
accurate, current and complete. You are responsible
for maintaining the confidentiality of your Order
Data or passwords and for restricting access to your
computer, and you agree to accept responsibility for
all activities that occur under your particulars. ScubatexPro.com
cannot and will not be liable for any loss or damage
arising from your failure to comply with this Terms
and Conditions. If you are under 18 years of age,
you can use the Site only with involvement of a
parent or guardian. ScubatexPro.com reserves the right
to refuse service, remove or edit content, or cancel
orders at its sole discretion.
RISK OF LOSS
All items purchased
from the Site are made pursuant to a shipment
contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the
carrier.
TERMINATION
You agree that ScubatexPro.com, at its sole and absolute discretion, may terminate
your use of the Site for any reason, including,
without limitation, lack of use or if ScubatexPro.com
believes that you have breached or acted
inconsistently with or in disregard of the letter or
spirit of the Terms and Conditions. ScubatexPro.com may
also at its sole and absolute discretion and at any
time, with or without notice, discontinue providing
its services or any part thereof. You agree that any
termination of your access to the Site under any
provision of this Terms and Conditions may be
effected without prior notice, and acknowledge and
agree that ScubatexPro.com may immediately bar any
further access to the Site. On the happening of any
of the afore-going, you agree that ScubatexPro.com shall not in any manner whatsoever or howsoever, be
liable to you or any third party for any termination
of your access to the Site.
INDEMNITY
You hereby agree to
indemnify and forever save ScubatexPro.com, its affiliates,
directors, officers, employees, owners, agents,
information providers, licensors and licensees
harmless, from and against any and all losses,
claims, demands, damages, liabilities and/or costs
and expenses, including legal costs, on a full
indemnity basis, which may arise from your use of
the Site, including, but not limited to, any breach
of any of the Terms and Conditions, or your
violation of any rights of another. You shall use
your best efforts to cooperate with us in the
defence of any claim. We reserve the right (but have
no obligation), at our own expense, to assume the
exclusive defence and control of any matter subject
always to full indemnification by you.
You hereby
acknowledge and agree that any breach of the Terms
and Conditions will result in irreparable harm
and/or losses to ScubatexPro.com for which monetary
damages would or may not be an adequate remedy and,
therefore, in addition to its rights and remedies
otherwise available at law, ScubatexPro.com will be
entitled to equitable relief, including both a
preliminary or interlocutory and permanent
injunction, if such a breach occurs. You irrevocably
waive any requirement for the posting of a bond or
other security if ScubatexPro.com seeks such an
injunction.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED
BY ScubatexPro.com ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ScubatexPro.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
ScubatexPro.com DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. ScubatexPro.com MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES THAT THIS SITE OR THE FUNCTIONS CONTAINED
IN THE MATERIALS ON THE SITE WILL MEET YOUR
REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. ScubatexPro.com
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM ScubatexPro.com ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL
MEET YOUR EXPECTATIONS. ALL SUCH WARRANTIES,
REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS
ARE HEREBY EXCLUDED. ScubatexPro.com WILL NOT BE LIABLE
FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL OR SAVINGS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, WHETHER IN
CONTRACT, NEGLIGENCE, TORT OR OTHERWISE OR ANY OTHER
DAMAGES RESULTING FROM ANY OF THE FOLLOWING (i) THE
USE OR THE INABILITY TO USE THE SITE, (ii) ANY
DEFECT IN GOODS, SAMPLES, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED FROM A USER OR A
THIRD PARTY SERVICE PROVIDER THROUGH THE SITE, (iii)
UNAUTHORISED ACCESS BY THIRD PARTIES TO YOUR DATA OR
PRIVATE INFORMATION, (iv) STATEMENTS OR CONDUCT OF
ANY USER OF THE SITE, OR (v) ANY MATTERS RELATING TO
SERVICES ACQUIRED THROUGH THE SITE HOWEVER ARISING,
INCLUDING NEGLIGENCE.
ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS
DONE AT YOUR SOLE DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR
MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER
VIRUSES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM ScubatexPro.com OR
THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
OR CONDITION NOT EXPRESSLY STATED HEREIN.
UNDER NO
CIRCUMSTANCES SHALL ScubatexPro.com BE HELD LIABLE FOR
A DELAY OR FAILURE OR DISRUPTION OF THE CONTENT OR
SERVICES DELIVERED THOUGH THE SITE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES
OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER,
TELECOMMUNICATIONS OR ANY OTHER EQUIPMENT FAILURES
ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES,
RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOUR OR MATERIALS, FIRES, FLOOD, STORMS,
EXPLOSIONS, ACTS OF GOD, ACTS OF TERRORISTS, WAR,
GOVERNMENT ACTIONS, ORDERS OF DOMESTIC OR FOREIGN
COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD
PARTIES.
APPLICABLE LAW
This Site is created,
owned and controlled by ScubatexPro.com in Malaysia.
The Terms and Conditions shall be governed and
interpreted in accordance with the laws of Malaysia
without giving effect to any principles of conflicts
of laws. Those who choose to access the Site do so
on their own initiative and are responsible for
compliance with local laws, if and to the extent
local laws are applicable.
By visiting or using
the Site or by placing an order through the Site you
hereby irrevocably accept, agree and consent to the
exclusive jurisdiction of the Courts in Malaysia in
all disputes, controversies or differences of
whatsoever nature which may arise, out of or in
relation to the Terms and Conditions, or the breach
hereof relating to the use of the Site.
ACCURACY OF
INFORMATION
We attempt to be as accurate as possible when
describing our products on the Site. However,
to the extent permitted by applicable law, we do not
warrant that the product descriptions or other
content available on the Site is accurate, complete,
reliable, current, or error-free.
MODIFICATION
AND DISCONTINUANCE
We reserve the right
at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site
and the Terms and Conditions (or any part thereof)
with or without notice to you. The amended and
restated Terms and Conditions will be posted on the
Site and shall be effective immediately upon
posting. Posting by ScubatexPro.com of the amended and
restated Terms and Conditions and your continued use
of the Site shall be deemed to be acceptance of the
amended terms. You agree that ScubatexPro.com shall not
be liable to you or to any third party for any
modification, suspension or discontinuance of the
Site. Please also review our other policies posted
on the Site. These policies also govern your visit
to ScubatexPro.com’s website.
WAIVER OF CONDITIONS
OF USE
The failure of ScubatexPro.com in any one or more instances to insist upon
performance of any of the terms or conditions
contained herein, or to exercise any right or
privilege hereunder, or the waiver by ScubatexPro.com
of any breach by you, of these terms or conditions
of sale, shall not be construed as thereafter
waiving such terms and condition, rights of
privileges, and the same shall continue and remain
in force and effect as if no failure or waiver had
occurred.
LINKS TO OTHER
WEBSITES
Links to third party
websites on this Site are provided solely as a
convenience to you. Please exercise discretion while
browsing the Internet using this Site. If you use
these links, you will leave this Site. ScubatexPro.com
has not reviewed all of these third party sites and
does not control and is not responsible for any of
these sites or their content. Thus, ScubatexPro.com does not endorse or make any representations about
them, or any information, software or other products
or materials found there, or any results that may be
obtained from using them. If you decide to access
any of the third party sites linked to this Site you
do this entirely at your own risk. ScubatexPro.com will
not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or
reliance on any such content, goods or services
available on or through any such site or resource.
INTELLECTUAL PROPERTY
RIGHTS
ScubatexPro.com is the
sole owner or lawful licensee of all the rights to
the Site and all information, text, messages,
illustrations, images, logos, designs, icons,
photographs, programs, music, sound, video clips,
directories, files, databases, listings or other
materials available on or through the Site
(collectively the "Content"). The Site and
the Content embody trade secret and intellectual
property rights protected under worldwide copyright
and other laws. All title, ownership and
intellectual property rights in the Site and the
Content shall remain with ScubatexPro.com, its affiliates or
licensors of the Content, as the case may be. All
rights not otherwise claimed under this Terms and
Conditions or by ScubatexPro.com are hereby reserved.
“ScubatexPro.com", "ScubatexPro.com" and related
icons and logos of
Scubatex Resources Sdn Bhd in various
jurisdictions are protected under applicable
copyright, trademark and other proprietary rights
laws. The unauthorised copying, modification, use or
publication of these marks is strictly prohibited.
NOTICES AND
COMMUNICATIONS
When you visit the
Site or send e-mails to us, you are communicating
with us electronically. You consent to receive
communications from us electronically. We will
communicate with you by e-mail or by posting notices
on the Site. You agree that all agreements, notices,
disclosures and other communications that we provide
to you electronically satisfy any legal requirement
that such communications be in writing.
SEVERABILITY
If any provision of
the Terms and Conditions shall be unlawful, void, or
for any reason unenforceable, then that provision
shall be deemed severable from these terms and shall
not affect the validity and enforceability of any
remaining provisions.
ENTIRE AGREEMENT
The Terms and
Conditions constitute the entire agreement between
you and ScubatexPro.com and govern your use of the
Site, superseding any prior agreements between you
and ScubatexPro.com (including, but not limited to, any
prior versions of the Terms and Conditions). You
also may be subject to additional terms and
conditions that may apply when you use other ScubatexPro.com
services, third-party content or third-party
software. Any assignment or transfer of either the
Terms and Conditions or any right granted hereunder
is strictly prohibited.
HEADING
The headings of each of the Terms and Conditions
are for convenience of reference only and shall not
form part of the Terms and Conditions. Such heading
shall be ignored in the interpretation or
construction of any of the Terms and Conditions.
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