Terms & Conditions
Access and use of our website is conditional upon the acceptance and compliance with all terms listed herein (“Terms and Conditions”). All use of and/or continued access to this website constitutes agreement to these Terms and Conditions.
The Terms and Conditions are subject to changes from time to time without prior notice to you and shall take effect immediately upon the posting of the modified terms and conditions and thereafter references herein to “Terms and Conditions” shall include such modified terms and conditions.
You agree to check this page every time you visit the our website for any update. If any of the modified terms and conditions is unacceptable to you, you must discontinue accessing our website. Your use of and access to and/or continued use of and access to the our website following the posting of such modified terms and conditions shall be deemed that you have accepted all such changes without any reservation.
By viewing or accessing this website does not give rise to any legal relationship between you and our company. Communications between you and our company through this website, whether by way of feedback or response to queries or otherwise howsoever does not give rise to any legal relationship between you and our company.
3. CONTENTS AND MATERIAL
The contents of our website are for the purpose of providing certain permitted information relating to the services provided by us and/or our authorised agents. The material on this website is intended to give a general overview only to the areas covered, and at most if not all of such materials are in summary form, they are not intended to be complete or comprehensive. In no sense does any of the content or materials constitute legal advice or the provision of legal services.
The material appearing on the website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the website are accurate, complete, or current. We make no warranty or representation is given that any content or material is complete or comprehensive or is usable without any further input.
You shall ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
We may make changes to the material contained on the website at any time without notice. We do not make any commitment to update the material.
4. USE OF THE WEBSITE
Subject to the other provisions of these Terms and Conditions, you are granted a non-exclusive, revocable licence to:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website;
- stream audio and video files from our website;
- use our website services by means of a web browser; and
- redistribute our newsletter in print and electronic form to any person,
for general, non-commercial or personal use or for any purposes that you are authorised to only.
Except as expressly permitted or the other provisions of these Terms and Conditions, you are not permitted to:
- download any material from our website;
- save any such material to your computer;
- edit or otherwise modify any material or material on our website;
- circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website;
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means;
- violate the directives set out in the robots.txt file for our website, if any;
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- use data collected from our website to contact individuals, companies or other persons or entities.
Unless you own or control the relevant rights in the material or content or information, you are not permitted to:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public; or
- exploit material from our website for a commercial purpose.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
You may access our RSS feed using an RSS reader or aggregator.
By accessing our RSS feed, you accept these Terms and Conditions.
Subject to your acceptance of these Terms and Conditions, we grant to you a non-exclusive, non-transferable, non-sub-licensable licence to display content from our RSS feed in unmodified form on any non-commercial website owned and operated by you, providing that you must not aggregate our RSS feed with any other feed when displaying it.
It is a condition of this licence that you include a credit for us and hyperlink to our website on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).
We may revoke any licence set out in this section at any time, with or without notice or explanation.
5. RESTRICTED SECTIONS FOR SUBSCRIBERS
You may generally use and browse our website without registering or providing your personal details. However, in order to access and utilise the full facilities and features of our website, you may be required to create an account.
Access to such section, where you are required to create an account, is restricted to only authorised individual or party. For those individual or party that are granted access to these restricted sections, such access is granted on the basis that the conditions of access, which may be prescribed generally or with some level of specificity, are adhered to at all times.
Access can be terminated at any time, at our sole discretion, without the need to afford any cause or justification. Breach of such conditions or access and/or breach of the Terms and Conditions generally, would entitle us to bar access to the restricted sections of this website without any further notice or obligation to consult beforehand and without having to establish such breach.
Access to the restricted sections is governed by a combination of a user name and a password. Passwords may be changed from time to time to enhance security. Specific individual or party that have been granted access to restricted sections within this website:
- will be notified by e-mail of changes in their respective passwords, from time to time as and when required;
- must not under any circumstances and at any time disclose such passwords to any other individual or organization;
- must take all reasonable endeavors to ensure that user names and passwords remain confidential at all times; and
- must inform us immediately at in the event that the secrecy of user name and/or passwords is compromised, or if there is even a suspicion that the same has been compromised in any way or by anyone.
You acknowledge that you will be solely responsible for all activities that occur under your account.
No electronic link shall be made to this website without our prior written consent. In respect of such links, we do not control or endorse those websites, and are not responsible for the content and/or information contained in such websites or any other aspect of such websites.
The links contained in this website may be connected to other websites, whereupon we disclaim responsibility for the privacy practices and the content of these linked websites.
7. WARRANTIES & INDEMNITIES
You have unconditionally warranted and undertaken to us that you will not use our website or any of its contents for any purpose that is unlawful or prohibited by the Terms and Conditions.
If you violate any of the Terms and Conditions, your permission to use and access our website automatically terminates in which case you shall indemnify, defend and hold harmless our company from any and all claims, demands, losses, damages, costs and liabilities, including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute, incurred or suffered by us due to or arising out of your acts or omissions, including claims arising out of your use of our website and your submission, posting or transmission of the contents herein or your violation of the Terms and Conditions.
8. INTELLECTUAL PROPERTY RIGHTS
We, together with the relevant licensors (including our authorised agents and service provider as set out in our website) own and control all the copyright and other intellectual property rights in our website and the material on our website.
All the copyright and other intellectual property rights in our website and the material on our website are reserved.
Save as permitted under this Terms and Conditions, you shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any such material is not protected by copyright, trademark or other proprietary rights is upon you. You shall be solely liable for any loss, damage, cost and expenses resulting from any infringement of copyrights, trademark, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the website, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
9. RIGHT NOT TO REPLY RESERVED
We reserve the right not to respond at all to any emails without having to assign any reason whatsoever.
We expressly disclaim all liability, to any person, entity,body or organization, for all loss or damage of any kind whatsoever including monetary losses to any person or damages to tangible or intangible property, whether these are attributed to or caused by the use of the services offered under this website or any linked website, whether direct, indirect or consequential, in respect of anything done or omitted to be done, whether wholly or partly, in reliance upon the whole or any part of the contents and/or material within this website.
All reasonable precautions have been made to ensure that any information provided on this website is free of viruses that may interfere with or damage the operations of your computer systems. However, we do not accept any responsibility for, and hereby excludes all forms of liability, to the maximum extent permitted under applicable laws, for loss or damage, caused by or resulting from interference with or damage to your computer systems which occur in connection with use of this website, whether through a computer virus or otherwise howsoever occurring.
You expressly agree that use of this website is at your sole risk. Neither our company, its affiliates nor any of their respective directors, shareholders, employees, agents, third party content providers or licensors warrant that this website will be uninterrupted or error free or any defects in this website will be corrected or this website is free from viruses or other harmful elements, nor do they make any warranty as to any results that may be obtained from use of this website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this website.
Should any part of this website offers you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the relevant individual who posted such communication and are not to be taken as our views. We do not accept any responsibility or liability for anything posted on a forum by any user of the forum. You shall not use the forum to post, upload, or otherwise transmit information or pictures that are defamatory, a breach of privacy or otherwise unlawful. We reserve the right to monitor any information transmitted or received through any form. We, at our sole discretion and without prior notice, may at any time review, remove or otherwise block any material posted.
All contents, information and advice on this website (if any) are provided on an “as is” basis. Neither our company nor any of its directors, shareholders, employees, agents or subcontractors shall be liable for any damages either direct, indirect, incidental, consequential, otherwise (including but not limited to financial losses, loss of data, loss of profits, loss of business, business interruption or the like) arising out of the use or inability to use this website or the content, information or advice provided on or via this website, defects, viruses, or other malfunctions caused to any equipment and other software in connection with access or use of this website, the interception, modification or misuse of information transmitted to us or transmitted to you, even if we have been advised of the possibility of such damages.
Please make it your personal responsibility to verify any information available herein. We suggest that you seek independent professional advice before making any form of decision based on the information obtained from our website.
This website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, accuracy, timeliness or completeness, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Terms and Conditions.
You shall use this website for lawful purposes only. You shall not post or transmit through this website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, constitute an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our view restricts or inhibits any other user from using or enjoying this website will not be permitted. You shall not use this website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become yours of other online information services competitive with this website.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence or other tortuous behavior, or under any other cause of action.
You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of others or third parties and that the risk of injury from the foregoing rests entirely with you. In no event will our company, or any person or entity involved in creating, producing or distributing content on website software be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use this website. You hereby acknowledge that the provisions of this section shall apply to all contents on this website.
In addition to the terms set forth above, neither our company nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the website, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither our company nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
11. PRIVACY STATEMENT
As the owner and operator of this website, through its internet host server, we will obtain and retain certain information about those who are using this website.
We believe in protecting your privacy, we reiterate that the information collected about you will not be divulged, disclosed or sold to any third party whatsoever. These are other than the purposes for our internal applications, whereupon required, authorised or permitted by or under law, or for reasons known and authorised by you.
While we exercise all reasonable precautions necessary to protect the confidentiality of your information from third parties, it is emphasized that we do not have any control over these third parties, who may or may not further disclose information to other parties. We do not assure that such parties will not solicit you via e-mail or in any other form of contact whatsoever.
For statistical purposes, we reserve the right to collate demographic or statistical information from any information provided by you via usage of our website to third parties endorsed by the company. Such demographic or statistical information are not personally identifiable, and could be in the form a summary or compilation of information.
Your use of and access to and/or continued use of and access to the our website shall be deemed that you have read, fully understood and accepted all provisions in the privacy notice as published on our website without any reservation.
12. GOVERNING LAW
The governing law for our website, including this Terms and Conditions, is the law of Malaysia irrespective of your current location or jurisdiction when accessing our website and without regard to the conflict of law provisions with any other jurisdiction.
You expressly agree to submit to the jurisdiction of the courts of Malaysia in the event of any claims or disputes.
13. CONTACT DETAILS
Should you have any query in relation to this Terms and Conditions, kindly contact us at:
Borneo Divers & Sea Sports (Sabah) Sdn Bhd
9th Floor, Menara Jubili
53 Jalan Gaya
88000 Kota Kinabalu, Sabah, Malaysia
Tel : +60 88 222226
Fax : +60 88 221550
Email : firstname.lastname@example.org