Terms of Use

 

Welcome to DiveLah!

 

Our Terms of Use outlines and governs the scope of your interaction with DiveLah’s website located within https://divelah.co and shall be governed by the laws of Indonesia.

 

By accessing this website we assume you accept these terms and conditions. Please refrain from using DiveLah if you do not agree with the terms outlined in this page.

 

Last updated: 27 September 2020

The following terminology and definitions shall apply to all terms and conditions that may be found on our Site, its subpages and occasionally within our services: 

• “Terms” refers to our Terms of Use agreement;
• “Policy” refers to our Privacy Policy;
• “Disclaimer” refers to any disclaimers found on our Site;
• “EULA” refers to other end-user license agreements found on our Site that are not defined herein;
• "User", "You" and "Your" refers to you, the entity interacting with this Site and compliant to the Company’s terms and conditions; 
• "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company (herein also referred to as “DiveLah”); 
• "Party", "Parties", or "Us", refers to both the Client and ourselves;
• “Content” refers to any and all intellectual property created and/or submitted by end users to DiveLah via the Site; and
• “Site” refers to the website https://divelah.co and all its subpages with the same domain prefix.

 

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the smooth delivery of our services to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated obligations. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. 

 

Cookies

We employ the use of cookies. By accessing the Site, you agree to the use of cookies in line with our Privacy Policy.

 

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Site to enable the functionality of certain areas to make it easier for you. Some of our affiliate/advertising partners may also use cookies. For example, cookies help you ensure that your progress during a booking session is not lost if you suddenly close your browser or if your connection drops.

 

User Representation

By using the Site, you represent and warrant that:

 

• you have the legal capacity and you agree to comply with these Terms;
• you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Site for any illegal or unauthorized purpose; and
• your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete to the extent where DiveLah is unable to deliver on our services and obligations, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

Licenses and Intellectual Property

Unless otherwise stated, DiveLah and/or its licensors own the intellectual property rights for all material on the Site, including but not limited to all source code, databases, functionality, software, designs, audio, video, text, photographs, graphics and the trademarks, service marks, and logos contained therein. All intellectual property rights are reserved. You may access this from the Site for your own personal use subject to restrictions set in these Terms.

 

Restrictions

You must not:

• republish material from DiveLah;
• sell, rent or sub-license material from DiveLah;
• reproduce, duplicate or copy material from DiveLah; 
• redistribute content from DiveLah without express permission;
• modify or copy the materials;
• use the materials for any commercial purpose or for any public display;
• attempt to reverse engineer any software contained on the Site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server;
• use a buying agent or purchasing agent to make purchases on the Site;
• make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; and
• engage in unauthorized framing of or linking to the Site.

 

If any of the above terms are breached, DiveLah reserves the right to revoke access immediately without prior notice and take legal action as necessary to remediate the situation.

 

User-generated content

Parts of the Site offer an opportunity for users to post and exchange Content in certain areas of the Site. DiveLah does not filter, edit, publish or review user-generated content prior to their presence on the Site. Such Content does not reflect the views and opinions of DiveLah, its agents and/or affiliates. You also consent to us accessing, storing, processing, and using any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. 

 

We do not assert any ownership over your Content. You retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content. We are not liable for any statements or representations in your Content provided by you in any area on the Site. You are solely responsible for your Content to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Content. To the extent permitted by applicable laws, DiveLah shall not be liable for the Content or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of such Content on this Site. Furthermore, you represent that any and all Content submitted to DiveLah are purely your own and do not infringe on existing copyrighted or trademarked Content whether within the site or elsewhere. DiveLah reserves the right to take immediate and necessary action upon discovery of any Content that does not comply with our Terms of Use and/or is deemed to be inappropriate, including but not limited to derogatory content discriminating against a group of people, infringement on existing copyrights/trademarks and offensive content.

 

Furthermore, you warrant and represent that:

• where the Content does not belong to you, you have secured all the necessary licenses and consent to republish such Content on our Site;
• the Content does not infringe upon any existing intellectual property right, including without limitation copyright, patent or trademark of any third party;
• the Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
• the Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity;
• the Content is not false, inaccurate, or misleading;
• the Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
• the Content does not violate the privacy or publicity rights of any third party; and
• the Content does not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

 

You hereby grant DiveLah a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Content in any and all forms, formats or media with the appropriate credit or recognition. DiveLah reserves the right to monitor and where necessary, remove Content which may be considered as inappropriate, offensive or is in breach of these Terms.

 

User Testimonials

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. you should have firsthand experience with the person/entity being reviewed;
2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
4. your reviews should not contain references to illegal activity;
5. you should not be affiliated with competitors if posting negative reviews;
6. you should not make any conclusions as to the legality of conduct;
7. you may not post any false or misleading statements; and
8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

• monitor the Site for violations of these Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

PRIVACY POLICY

We care about data privacy and security. By using our Site, you agree to be bound by our Privacy Policy which is incorporated into these Terms. Please be advised the Site is hosted in servers located in Singapore. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• use of the Site;
• breach of these Terms;
• any breach of your representations and warranties set forth in these Terms;
• your violation of the rights of a third party, including but not limited to intellectual property rights; or
• any overt harmful act toward any other user of the Site with whom you connected via the Site. 

 

Notwithstanding the above, we reserve the right - at your expense - to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate - at your expense - with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

 

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. 

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

We consistently maintain our Terms to ensure that the information on the Site is accurate at the time of latest update. Any and all changes made to our Terms will be communicated via electronic mail through the email address provided by the Customer and written as such on our Terms page. All changes will be communicated at least (1) day prior to its effective date. Agreement with the Terms is implied unless expressed otherwise.

 

Feel free to contact us through our general enquiry line if you have any questions pertaining to our Terms of Use and if you do not agree with the standard Terms of Use, we advise you not to use the Site and recommend that you reach out to us regarding our services via other means.