Privacy Terms

The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use.

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in this page will apply to these Terms of Use.

2. General use of Services and/or access of Platform

2.1 Guidelines to the use of Platform and/or Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Restricted activities: You agree and undertake NOT to:

• (a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
• (b) use the Platform or Services for illegal purposes;
• (c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
• (d) post, promote or transmit through the Platform or Services any Prohibited Materials;
• (e) interfere with another’s utilization and enjoyment of the Platform or Services;
• (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
• (g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

2.3 Availability of Platform and Services: 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 Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

2.4 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:

• (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
• (b) prevent or restrict access of any Customer to the Platform and/or the Services;
• (c) report any activity it 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
• (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph 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.

2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out here

2.6 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.

3. Use of Services

3.1 Application of this Clause: In addition to all other terms and conditions of these Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.

3.2 Restrictions: Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.

3.3 General terms of use: You agree:

• (a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
• (b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.

3.4 Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.

3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.

3.6 Third Party Vendors: You acknowledge that parties other than SEKAWANTRAVEL.com (i.e. Third Party-Vendors or Sellers) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by SEKAWANTRAVEL.com or a Third-Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer.

4. Customer with SEKAWANTRAVEL.com accounts

4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You should notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.

4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:

• (a) access to the relevant Platform and/or use of the Services by you; or
• (b) information, data or communications posted, transmitted and validly issued by you. You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.

5. Intellectual property

5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.

5.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, 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 without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

5.3 Trademarks: The Trademarks are registered and unregistered trademarks of us or third parties. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.

6. Our limitation of responsibility and liability

6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchant ability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:

• (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
• (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
• (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
• (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

6.2 Exclusion of liability: SEKAWANTRAVEL.com Indemnities shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

• (a) any access, use and/or inability to use the Platform or the Services;
• (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
• (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
• (d) any use of or access to any other website or web page linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefore.

7. Hyperlinks and alerts

7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material 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 websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

7.2 Promotions: We may attach banners, java applets and/or such other materials to the Platform for the purposes of promoting our or our Third-Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such promotional materials.

8. Your submission and information

8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.

8.2 Consent to receive e-mails: You give your full, free, and unequivocal consent and authority to the collection, processing and use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails and any and all communications, notices, updates and other information to you,. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Philippines or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.

8.3 SEKAWANTRAVEL.com may, from time to time, be required by government agencies to disclose certain information in connection with any audit or investigation. You understand that we are not required to contest any demand made by an (government) authority for such information.

Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy set out here. and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

9. Termination

9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect, upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.

9.2 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.

10. Notices

10.1 Notices from us: All notices or other communications given to you if:

• (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
• (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

11. Liability Release and Assumption of Risk 

Dive The World can not be held liable for and will not be responsible for personal injuries, property damage, or wrongful death that may occur during activities, as a result of the inherent risks associated with scuba diving or as a result of acts or omissions of other third parties.

Diving requires a certification from a recognised dive agency such as PADI, SSI, SDITDI, NAUI, etc. It is your responsibility that you are suitably qualified, and provide proof of such qualification upon request, to participate in any scuba activities prior to you taking part. Such activities include all activities other than PADI Open Water Diver or Scuba Diver courses, or Discover Scuba Diving activities that allow participants to take part without a license.

12. Changes to Your Booking

If you decide to change your booking after you have made your reservation, we will do what we reasonably can to accommodate you but it may not always be possible. You should notify us as soon as possible of any changes as the sooner you do this the more likely it is that we can make the change. There will be an administration fee charged depending on the availability rate and any possible surcharge from resorts and diving instructor (in addition to any changes necessary to the price of your reservation) for any booking changes which require the issuance of a new Confirmation of Reservation Completed or invoice including, but not limited to, changes in dates, room type and diving programme.

13. Reservation, Cancellation  and Refund Policy

Island Resort Packages

RESERVATION:

There will be no payment requested while you place your order.
Payment is only required after you received our confirmation email with details and method of payment.

– Please make advance reservations via telephone, email or book online to assure room availability.

– A deposit is required to obtain a confirmed reservation. Please note the cancellation policy before committing to a reservation.

– All reservation must be guaranteed with a non-refundable booking fee of RM 106/pax for individual (FIT) & booking of group (GIT) booking in 05 days after confirmation received.

– After confirmation – 30% deposit down payment to be make. Balance of the payment must be settle 35 days before departure date.

– Booking make 45 days before departure date – 50% deposit down payment to be make. Balance of the payment must be settled 35 days before departure date.

– Booking less than 35 days before departure date – 100% payment to be make.

– Rates may change without notice and may vary for special events except for confirmed reservation (deposit taken).

– Confirmations of bookings other than voucher bookings are subject to receipt of deposit / full payment in advance for the room tariff. Unless deposit / full payment is received, bookings will be treated as provisional and the rooms may be released to another guest who makes deposit payment.

– On receipt of advance payment, a confirmation mail / booking Voucher will be issued.

– Payment can be made through Payment Gateway, Telegraphic Transfer, WeChat Pay or Demand Draft

Bank info:
Account Name: Sekawan Travel & Tours Sdn Bhd
Account Number: 5144 8652 9366
Bank Name: Malayan Banking Berhad
Bank Address: Mid Valley Branch
Mid-Valley Megamall, Lingkaran Syed Putra, Mid Valley City,59200  Kuala Lumpur, WP Kuala Lumpur
Swift Code: MBBEMYKL

– Telegraphic Transfer or any International Transfer charge fee, payable by customers

– If you depart early for any reason, you will not receive any credit or refund.

– Guests are required to carry a valid identity proof and produce the same at the check in. (Please bring along with you the same identity proof you have entered while booking for verification at the hotel)

– In case of erroneous / inadequate / misleading information given by your side while booking, Resort reserves the right to cancel the booking without any intimation.

CANCELLATION AND REFUND POLICY

– In case of cancellation or reduction in the number of reserved rooms, a written notice must be received and acknowledged by Sekawan Travel & Tours Sdn Bhd sales office.

– In the event that written notice is not received within the time limit, the deposit or pre-payment will be forfeited automatically.

– Cancellation fees per person shall be imposed as following:

• i) More than 60 days before departure: Fully refund
• ii) 45 days to 59 days before departure: the cancellation fee is 30% of the deposit.
• iii) 35 days to 44 days before departure: the cancellation fee is 50% of the deposit.
• iv) Under 34 days before departure: 100% non-refundable.

In case of discrepancy between the English version and the Chinese version in respect of all or any part of the contents in the pages, the English version shall prevail. 

Dive Course Packages

RESERVATION:

– Please make advance reservations via telephone, email or book online to assure course availability.

– A deposit is required to obtain a confirmed reservation. Please note the cancellation policy before committing to a reservation.

– All reservation must be guaranteed with a A non-refundable booking fee of RM 500/pax for individual (FIT) & booking of group (GIT) booking in 05 days after confirmation received.

– Booking 60 days before departure date – 50% deposit down payment to be make. Balance of the payment must be settled 45 days before departure date.

– Balance of the payment must be settled 45 days before departure date.

– Rates may change without notice and may vary for special events except for confirmed reservation (deposit taken).

– Confirmations of bookings other than voucher bookings are subject to receipt of 50% deposit / full payment in advance for the course. Unless deposit / full payment is received, bookings will be treated as provisional and the package may be released to another guest who makes deposit payment.

– On receipt of advance payment, a confirmation mail / booking Voucher will be issued.

– Payment can be made through Payment Gateway, Telegraphic Transfer, WeChat Pay or Demand Draft. (before is Wire Transfer)

– Telegraphic Transfer or any International Transfer charge fee, payable by customers.

– If you fail to get the license, you will not receive any credit or refund.

– Guests are required to carry a valid identity proof and produce the same when meet up the Instructor. (Please bring along with you the same identity proof you have entered while booking for verification at the Island).

CANCELLATION AND REFUND POLICY

-In case of cancellation or reduction in the number of dive course packages, a written notice must be received and acknowledged by Sekawan Travel & Tours Sdn Bhd sales office.

-In the event that written notice is not received within the time limit, the deposit or pre-payment will be forfeited automatically.

-Cancellation fees per person shall be imposed as following:

• i) More than 45 days before departure: 20% of total fare or deposit whichever is higher.
• ii) 30 days to 44 days before departure: 50% of total fare.

iii) Under 30 days before departure: 100% of total fare.

14. Tourism Tax

Effective 1st September 2017, the Malaysian Government have implemented a Tourism Tax Act 2017. A sum of Ringgit Malaysia Ten (RM10.00) per room per night will be imposed on foreign tourist staying in Malaysian Hotels/Resorts. As resort operator we are being appointed to collect the tax on behalf of the Government upon check out. All our published rates does not includes the Tourism Tax.

15. Complaints and Disputes

We want you to have the scuba diving vacation you’ve been dreaming about. However, life doesn’t always work out like that. Although the contract for the product is between you and the operator, if you have any queries concerns or complaints, please follow these guidelines to help us to help you in any conflict resolution.

1. Act early
   Make sure that you express any dissatisfaction at the soonest opportunity so any problem can be resolved sooner rather than later.
2. Inform the manager
   Be sure to speak to your captain, trip leader or resort manager. Tell the captain exactly what your problem is, and how he can solve your problem. In most cases, boat captains are good diplomats capable of solving your problem to your satisfaction.
3. No joy? We can help
   If your problem cannot be solved by the manager then we guarantee to represent and support you and to attempt to resolve any settlement to a conclusion to your satisfaction so…
4. Tell us as soon as possible
   For us to represent you in any conflict resolution settlement then we must know about all the facts, events, conversations, agreements that are related to your complaint so…
5. Keep a record
   If appropriate, do assist us to write down a factual record of what happened, when, and with whom.

We’ll help you to make a formal complaint, which will need to be submitted in writing no later than 28 days after the end of your diving package. We will follow up and support you in your complaint to see that you are treated fairly by the operator and get adequate compensation from them for your troubles on case by case basis.