TERMS & CONDITIONS FOR FLOW DIVE CENTER SDN BHD
WEBSITE TERMS
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Flow Dive Center accessible at www.flowdive.center
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
INTELLECTUAL PROPERTY RIGHTS
Other than the content you own, under these Terms, Flow Dive Center Sdn Bhd and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
RESTRICTIONS
You are specifically restricted from all of the following pending special permissions:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Flow Dive Center Sdn Bhd may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well. Please contact us for any specific permissions.
YOUR CONTENT
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Flow Dive Center Sdn Bhd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Flow Dive Center Sdn Bhd reserves the right to remove any of Your Content from this Website at any time without notice.
YOUR PRIVACY
Please read our Privacy Policy.
NO WARRANTIES
This Website is provided “as is,” with all faults, and Flow Dive Center Sdn Bhd express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
LIMITATION OF LIABILITY
In no event shall Flow Dive Center Sdn Bhd, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Flow Dive Center Sdn Bhd, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
INDEMNIFICATION
You hereby indemnify to the fullest extent Flow Dive Center Sdn Bhd from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
VARIATION OF TERMS
Flow Dive Center Sdn Bhd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
ASSIGNMENT
The Flow Dive Center Sdn Bhd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between Flow Dive Center Sdn Bhd and you in relation to your use of this Website, Purchases, Bookings and supersedes all prior agreements and understandings.
GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of the State of Malaysia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in my for the resolution of any disputes.
MEMBERSHIP
Membership is not applicable for transfer.
An admin fee of RM50 is applicable for each freeze.
The maximum period for a freeze is one (1) year.
A member is only allowed to freeze his/her membership under the following conditions:
- Appropriate and justifiable medical reasons
- Unforeseen extended business travels
- Proof of medical treatment or travel is required
DAMAGE CHARGES (IF APPLICABLE)
Should there be any damage(s)/loss(es) of Flow Dive Center pool/ equipment due to person/ student/ instructor, a penalty will be charged to the person/ instructor.
LAST MINUTE CANCELLATION
Cancellation of classes, trips, workshops within 1 week of the booked date will be subjected to a penalty.
Cancellation due to unforeseen circumstances below may be accepted:
- Medical reasons (proof required)
- Bereavement leave for direct relatives (proof required)
COURSES VALIDITY
Courses needs to be completed before the end of the validity period:
- Discover Scuba Diving validity 2 MONTHS from purchase
- Refresher validity 2 MONTHS from purchase
- All other courses validity 1 YEAR from purchase
Extension of validity period may be considered due to
- COVID19 reasons
- Medical reasons
- Force Majeure
REFUND POLICY
REFUNDS (IF APPLICABLE)
All transactions are non-refundable.
Returns of purchased goods are only allowed returns if the following conditions are met;
- Brand new and unused
- Returns are for sizes exchange only
- Returns must be made within 3 days of transaction
- Non sales item when purchased
A partial refund of courses, workshops or trips will be considered under the following conditions. Refunds will exclude all costs and service fees rendered up to date:
- Appropriate and justifiable medical reasons
- Unforeseen extended business travels (more than 3 years)
- Proof of medical treatment or travel is required
- Any reasons besides stated above, will not be entertained.
Flow Dive Center Sdn Bhd shall not be responsible for any act and/or omission that are not within the control of the Company and hence no liability will be borne by the Company. This includes:
- Weather conditions
- Government regulations
- Legal ramifications
- Changes of partner/vendor policies
- Natural disaster
- Force majeure
If upon discussion and your refund is approved, a processing fee of 3% from your total refund will be charged. The total amount will then be processed and the stated amount will show within a certain amount of days.
LATE OR MISSING REFUNDS (IF APPLICABLE)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at hello@flowdive.center.
EXCHANGES (IF APPLICABLE)
We only replace items if they are defective or damaged. However, the customer must always inspect the conditions of the product before leaving the premise.
LIABILITY (IF APPLICABLE)
All customers must sign all legal forms upon participating in our activities and services rendered by Flow Dive Center Sdn Bhd. All customers must be reliable for their own safety and health. Any and/or all medical, physical, emotional and mental injuries including death suffered during the course of the activity will not be held reliable by Flow Dive Center Sdn Bhd. Any hospital or medical bills incurred will solely be borne by the customer and will not be charged to Flow Dive Center Sdn Bhd
Last updated: 08/09/2021