TERMS OF USE

TERMS OF USE

1. Introduction

• This site, https://www.divekl.com/ (“Site”) is operated by Divertainment Sdn Bhd, a company registered in Malaysia with company registration number 1187058-X and located at The Lakeview Club, Lot 3606, Jalan SS12/1, SS12, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia (“Divertainment”).

• This page explains the terms by which you may use and access our online services (“Services”). Please read the terms and conditions as set out herein (“Terms of Use”) carefully and thoroughly before using the Site or opening an account with us. You may use the Services only if you agree to and comply with this Terms of Use and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must agree to this Terms of Use on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any items you purchase through the Services.

• By accessing or using the Site and/or Services, you agree that you have read, understood and agreed to be bound to all our terms and conditions whether or not you are a registered User of our Services.

• The terms “you”, “your”, “Buyer”, “User” and “Customer” in this Terms of Use refer to the person accessing or using the Site or our Services.

2. Variation

• We reserve the right to amend this Terms of Use at any time and it is your responsibility to review this Terms of Use on each occasion you visit the Site.

• All amendments to this Terms of Use will be posted on the Site. However, continued use of the Site will be deemed to constitute acceptance of the new terms and conditions. You may discontinue using the Site if you disagree to be bound by such new Terms of Use.

3. Definitions

• The following terms shall have the following respective meanings: –

• “Products” means the goods and/or services provided, supplied and offered in the Site and “Product” shall be construed accordingly. For the avoidance of doubt, Divertainment shall be entitled to add, remove and/or vary the list of Products in the Site and the definition of Products and Product shall be automatically amended to reflect such addition, removal and/or variation.

4. Account and Security

• You must create an account at the Site in order to gain access to the complete Services and functionality that we may establish and maintain from time to time and at our sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

• Your permission to use the Site and/or the Services is conditional upon your agreement that you will provide accurate information when creating an account or registering for our Services.

• You must notify Divertainment immediately of any breach of security or unauthorized use of your account. Divertainment shall not be liable for any loss caused by any unauthorized use of your account.

5. Conditional Use of Our Site and Services

• We grant you a non-transferable and revocable license to use the Site and/or Services, subject to this Terms of Use. Any breach of this Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

• If you have any queries regarding the Products listed and/or promoted in the Site, please notify us at fun@divekl.com and we will provide necessary information and/or assistance for you to resolve such matter.

•  We reserve the right to cancel, terminate or alter any Product listed in the Site at any time.

• Purchasing for any of the Products on the Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every User of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Divertainment shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

• We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site or any part of the Services.

• We reserve the right, but shall not be obliged to: –

• monitor, screen or otherwise control any activity, content or material on the Site and/or through the Services. We may at our sole and absolute discretion, investigate any violation of this Terms of Use contained herein and may take any action as we deem appropriate;

• prevent or restrict access of any unauthorised User to the Site and/or the Services;

• report any activity suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

• request any information and data from you in connection with your use of the Services and/or access of the Site at any time and to exercise our right under this section if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

• If you violate any of the terms or conditions stated herein, we reserve our right to suspend and/or terminate your access to the Site and/or Services.

6. Intellectual Property

• All proprietary content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Divertainment and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Site and/or Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Site).

7. Abusing Our Site

• Without limiting other remedies available to us, we may limit, suspend, or terminate our Services and your accounts, prohibit your access to the Site and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Site if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property and/or the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users whom we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of our Intellectual Property and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

8. Content and Links

• Parties other than Divertainment may list advertisement on the Site, and the Site may link to the sites of Divertainment’s affiliated companies and certain other companies. Divertainment is not responsible for examining or evaluating, and does not warrant the information of such business or individual or the content of their websites. Divertainment does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

• The Services may contain information supplied by third parties and links to internet sites maintained by third parties. Divertainment does not, in any respect, control such content or operate such sites and does not guarantee the availability of any email from or links to third-party sites. Third-party’s content and links are included solely for the convenience of Users, and do not constitute any endorsement by Divertainment.

9. Access and Interference

• The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Divertainment by our Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

• Additionally, you agree that you will not: –

• take any action that imposes or may impose (in our sole discretion) any unreasonable or disproportionately large load on our infrastructure;

• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your Information) from the Site without the prior expressed written permission of Divertainment and the appropriate third party, as applicable;

• interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

10. Indemnity

• You shall indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Use, or your violation of any law or the rights of a third party.

11. No Warranties

• All materials, information, software, products, services and other content contained in the Site, or obtained from a linked in the Site is provided to the User “as is” without warranty or conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Divertainment has made reasonable efforts to post current and accurate information on the Site; however, we assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in the Site. Under no circumstances will Divertainment be liable for any loss or damage caused by the User’s reliance on information obtained through the Site. It is the User’s responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of the Site is solely at the User’s own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to some Users.

12. Limitation of Liability

• The User specifically agrees that Divertainment shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. The User specifically agrees that Divertainment is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The User specifically agrees that Divertainment is not responsible for any content sent using the communication services and/or included in the Site by any third party.

• In no event shall Divertainment be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement product, (3) loss of use, data or profits, (4) delays or business interruptions, and (5) any theory of liability arising out of or in connection with the use of, or inability to use the Site, whether or not Divertainment has been advised of the possibility of such damages.

13. No Agency

• No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Terms of Use. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended, exists or is created between Divertainment and any Buyer.

14. Notices

• Except as explicitly stated otherwise, any legal notices shall be served on Divertainment Sdn Bhd via registered mail at The Lakeview Club, Lot 3606, Jalan SS12/1, SS12, 47500 Subang Jaya, Selangor Darul Ehsan, Malaysia or using the Contact Us form (in the case of Divertainment) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing unless otherwise required by law.

15. Applicable Law and Jurisdiction

• By visiting the Site, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern this Terms of Use and any dispute of any sort that might arise between you and Divertainment. The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against Divertainment arising out of, with respect to, or in connection with any disputes over this Terms of Use and disputes between Users.