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Last updated: April 2019

These terms and conditions (the “Terms” or “Terms of Use” or “Agreement”) apply to all our services made available online, through any mobile device, by email or telephone. By accessing, browsing, or using our website or any of our applications through whatever platform (herein collectively known as the “Site” or “Website”) and/or by completing a reservation, you (“you” or the “Buyer”) 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. ScubaHive 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. Please also read carefully our Privacy Policy. 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.

1. Interpretation

“Buyer” means the person who purchases Products on the Platform

“Conditions” means these Terms of sale

“Contact” means the contract formed when Seller accepted the order placed by the Buyer on the Platform for the purchase of Products sold by said Seller

“Products” means the products made available for sale on the Platform

“Platform” means the Scubahive.com/shop website

“Seller” means a seller which uses the Platform and/or Services to sell Products to the Buyers, and includes Third Party Vendor. ScubaHive may also be a Seller for selected Products

“Services” means the use of any services, information, and functions made available at the Platform

“Third Party Vendor” means a Seller which, with ScubaHive’s permission, uses the Platform and/or Services to sell Products to the Buyers, and excludes ScubaHive

“Writing” includes electronic mail and any comparable means of communication

Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Any references to “ScubaHive” in these Conditions refer to both ScubaHive’s actions on its own behalf as Seller and/or as the operator of the Platform and/or agent of Third Party Vendors as Sellers in respect of each and every Contract.

The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

The Platform provides a place and opportunity for the sales of Products between the Buyer and Seller and/or ScubaHive. Where applicable, the Seller for a particular Product listed for sale on the Platform, be it ScubaHive or a Third Party Vendor, may be stated on the webpage listing such Products.

Where the Buyer has placed an order on the Platform for the purchase of the Products, this shall constitute a Contract entered into directly between the Buyer and ScubaHive/ Third Party Vendor.

Any information made available on the Platform in connection with the supply of Products, including photographs, drawings, content, data about the extent of delivery, appearance, performance, dimensions, weights, or any other information disclosed by ScubaHive/Third Party Vendor are not binding and for information purposes only. In entering the Contract, the Buyer acknowledges that it does not rely upon and waives claim based on any such representations or information so provided.

While the Seller endeavors to provide an accurate description of the Products, neither ScubaHive or Third Party Vendor warrants that such description is accurate, current, or free from error. In the event that the Products the Buyer receives is fundamentally different from the Products as described from the Platform and which the Buyer has ordered, Clause 12 of these Conditions shall apply.

Any typographical clerical or other error or omission in any quotation, invoice, or other document or information issued by ScubaHive in its website shall be subject to correction without any liability on the part of ScubaHive

3. Orders and Specifications

The Buyer any purchase Products by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Seller’s acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. ScubaHive shall be entitled (but not obliged) to process such orders without further consent from the Buyer. Nevertheless, you may request to cancel or amend the order which ScubaHive shall endeavor (but not obliged) to give effect to on a commercially reasonable effort basis.

Order acceptance and completion of the Contract between the Buyer and Seller will only be completed upon ScubaHive issuing a confirmation payment and dispatch of the Products to the Buyer. For the avoidance of doubt, ScubaHive shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer prior to issuance of the confirmation of dispatch. ScubaHive shall furthermore be entitled to require the Buyer to furnish ScubaHive with contact and other verification information, including but not limited to address, contact numbers, prior to issuing a confirmation.

No concluded Contract may be modified or canceled by the Buyer except with prior written consent from ScubaHive and on terms that the Buyer shall indemnify ScubaHive in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by ScubaHive as a result of the modification or cancellation, as the case may be.

4. Products and Availability

All information is subject to prior sales and stock availability

5. Price

The price of the Products shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax, or similar tax which the Buyer shall be liable to pay ScubaHive in addition to the price, but it excludes delivery charges, and credit card processing fees (where applicable).

In the event that a Product has been mispriced on the Platform, the Seller reserves the right to terminate the Contact, in which ScubaHive shall, on behalf of the Seller (where the Seller is a Third Party Vendor), notify the Buyer of such cancellation by giving five (5) business days’ notice. The Seller shall have such right to terminate the Contract notwithstanding that the Products have been dispatched or are in transit or that payment has been charged to the Buyer.

6. Terms of Payment

The Buyer shall be entitled to make payment of the Products using the various payment methods made available on the Platform offline/online. When the Buyer places an order for the Products on the Platform, actual payment shall be only charged upon Seller’s acceptance of Buyer’s order and formation of a Contract. All payments shall be made to ScubaHive, either accepting payment in its own right or Seller’s agent (where Seller is a Third Party Vendor). Buyer acknowledges that ScubaHive is entitled to collect payments from Buyer on behalf of Third Party Vendors.

The terms and conditions applicable to each type of payment, as prescribed by ScubaHive on the Platform, shall be applicable to the Contact. The payment methods may also be subject to the following terms:

Credit Card

Credit card payment option is available for all Buyers. ScubaHive accepts all VISA and MasterCards credit card and is 3D secured (verified by VISA and secured by MasterCard). All credit card information of Buyers is protected by industry-leading encryption standards.

There will be an additional 2.5% processing fee for credit cards transactions made via PayPal.

Please note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.

Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price of the Products purchased by the Buyer to ScubaHive’s account (including any applicable fees, taxes, and shipping costs). The transaction must be payable in Ringgit Malaysia. ScubaHive, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

Banking details as follows:

Cash on collection

Cash on collection is available at ScubaHive’s retail space. Please contact us at hello@Scubahive.com should you opt for this option.

Buyer may not claim against Seller or any of its agents (which may include ScubaHive), for any failure, disruption, or error in connection with the Buyer’s chosen payment method. ScubaHive reserves the right at any time to modify, discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

All payment made for the purchased Products must be made to ScubaHive using the available payment methods specified on the Platform. ScubaHive shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

7. Product Warranty

Any and all products sold by ScubaHive do not come with any warranty except the original manufacturer’s warranty, where applicable.

For products with manufacturer’s warrant, you will be provided with the official warranty documentation. Product warranty (if any) terms and conditions strictly follow the manufacturer’s protocol. You are responsible for registering the warranty if required by the manufacturer. Failure to do so may result in a warranty void.

In the case of a warranty claim, you must send the product directly at your own cost.

Warranty claims are to be made directly to the manufacturer and that you are to bear the applicable shipping charges both ways.

ScubaHive does not take any responsibility whatsoever in regards to warranty claims. ScubaHive may serve as a liaison between you and the original manufacturer of the Products where a warranty issue may arise

8. All Information

ScubaHive reserves the right to change any and/or all information without prior notice. Any such change is to have immediate effect. ScubaHive will carry out any such changes or amendments at its full and arbitrary discretion.

9. Delivery and Non-Delivery of Products

Any delivery of Products by ScubaHive, by any and all transportation services, are deemed to be effectively delivered in good and merchantable condition at the point whereby the products leave the company’s premise.

For in-stock items, ScubaHive will ship out on the same day upon receipt of payment before 12pm Malaysia time. Delivery time will depend on your chosen delivery method.

For special items and back orders, please allow 3 to 6 weeks for delivery.

It is your responsibility to select the method of shipping that is most convenient, and in a timely and cost-effective manner to you. Shipping costs will be calculated based on total weight or dimension whichever is higher.

Delivery of Products shall be made to the address specified by the Buyer in its order.

The Seller has the right to subcontract for all or any of its obligations for the delivery of the Products to any other party as it may from time to time decide without giving prior notice of the same to the Buyer.

Any dates quoted for the delivery of Products are approximately only and delays may occur. The time for delivery/performance shall not be of the essence, and ScubaHive shall not be liable for any delay in delivery or performance howsoever caused.

ScubaHive bears no responsibility whatsoever for any Products lost in transit, nor does the company bear any responsibility whatsoever for Products lost or damaged after they have left the company’s premise. All orders are checked before packing. Pictures, date, and time stamp will be taken before packing of the Buyer’s Products and will be kept in ScubaHive’s files for five (5) years.

10. Insurance of Products

ScubaHive does not provide any insurance whatsoever for the Products and services it provides; it is your responsibility to ensure you attain the appropriate insurance coverage.

11. Indemnification

You shall agree to defend indemnify and hold ScubaHive harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the site.

12. Return and Refund Policy

All Products sold on the Platform is covered under ScubaHive 7 days return policy upon receipt of Products. Buyer may initiate the returns process by communicating with ScubaHive through the platform.

The Buyer may only apply for a return of the purchased Products in the following circumstances:

The returned Products/products will be examined with the receipt and the Products should be in good condition. The packaging should also be in original condition in the original shipping container as received. There will be no refunds if the Products/products have been used or damaged by the customer.

In the event that the Buyer is unable to resolve any dispute with the Seller directly through amicable negotiations, ScubaHive reserves the right to suggest and implement an appropriate resolution at its sole discretion.

13. Conditions of Use

When you visit our Site/Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email/WhatsApp or by posting notices on this site.

You agree that all and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Termination

Buyer may terminate the Contact before Seller dispatches the Products, by written notice to ScubaHive through our Contact Us page within 24 hours of purchase.

Without prejudice to any other right of termination elsewhere in these Conditions, Seller, or ScubaHive acting on Seller’s behalf, may stop Products in transit, suspend further deliveries to the Buyer and/or terminate the Contract with immediate effect by written notice from the Buyer on or at any time after the occurrence of any of the following events:

15. Limitations of Responsibility

The Platform and all data and/or information contained herein and/or Service are provided “as is” and “as available” basis without any warranties, claims, or representations made by ScubaHive of any kind either expressed, implied, or statutory in respect to the Platform and/or Service, without limitation, warranties of non-infringement by third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or Services are provided for informational purposes only.

Without limiting the foregoing, ScubaHive does not warrant that the Platform and/or Service of the functions contains herein will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead services, Trojan-horses, routings, trap doors, or any other harmful codes, instructions, programs, or components.

16. Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design shall remain ScubaHive’s property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform are also protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights reserved.

No part of parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any intellectual property without ScubaHive’s prior written permission or that of the relevant intellectual property owners. No party accessing the Platform shall claim any right, title or interest herein. Permission will only be granted to you to download, print or use intellectual property for personal and non-commercial uses, provided that you do not modify the intellectual property and that ScubaHive or relevant copyright owners retain all copyright and other proprietary notices contained in the materials.

17. Hyperlinks

For your convenience, ScubaHive may include hyperlinks to other websites or content on the Platform that are owned by third parties. Such linked websites or content are not under ScubaHive’s control and ScubaHive is not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy, or any other objectionable materials contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such website or content and you agree that your access to or use of such linked websites or content is entirely at your own judgment and risk.

18. Images

All images used on this website were obtained in good faith by ScubaHive 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. ScubaHive holds no claim to the authenticity nor guarantees the accuracy of any photos featured on the website.

19. Liability

In no event shall ScubaHive be liable for loss of profit or goodwill, loss of production or revenue by any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of action brought by a third party) even if such losses were reasonably foreseeable, or if ScubaHive has been advised by the Buyer of the possibility of incurring the same.

20. Severability

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

21. General

Neither ScubaHive nor Seller shall be liable for non-performance, error, interruption, or delay in the performance obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond ScubaHive or Sellers’ reasonable control.

No waiver by ScubaHive of any breach of the Contract by the Buyer shall be considered a waiver of any subsequent breach of the same or any other provision. Further, ScubaHive’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Conditions.

If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

No person who is not a party to the Contract shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties.

The Contract shall be governed under the laws of Malaysia and the Buyer agrees to submit non-exclusive jurisdiction of the Courts of Malaysia.

If you are under the age of eighteen (18) of the legal age for giving consent hereunder pursuant to the applicable laws in your country, you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the legal guardian or parent of a minor who is creating an account, you must accept and comply with these terms on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.

Buyer must exhaust all level avenues against Third Party Vendors should any dispute, controversy or claim arises out of relation to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against ScubaHive. Any such actions brought against ScubaHive for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration.

ScubaHive may, through the Platform or by such other method of notification as ScubaHive may designate, vary the terms and conditions of these Conditions and Contract, such variation to take effect on the date ScubaHive specifies through the above means. If Buyer uses the Platform after such date, Buyer is deemed to have accepted such variation. If the Buyer does not accept the variation, Buyer must stop access or use the Platform and terminate the Contract.

Any typographical, clerical or other error or omission in any acceptance, invoice or other documents on the Seller’s part shall be subject to correction without any liability on Seller’s part.

In the event these Conditions are executed or translated in any language other than English, the English version of these Conditions shall govern and shall take precedence over the foreign language version.

These Conditions shall constitute the entire agreement between Buyer and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

ScubaHive reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under there Conditions and reserves the right to use any service providers, subcontractors, and/or agents on such terms as ScubaHive deems appropriate.

22. Contacting ScubaHive

If you have any questions about these Terms, please contact ScubaHive at hello@scubahive.com.