The following Terms and Conditions govern all use of the xrscuba.com website (“Site”) including its content, services and all products available at or through our Site, with respect to customers and users of the Site (each, a “User”).
xrscuba.com is owned and operated by XR Scuba FZ LLE and these Terms and Conditions apply to all of its divisions, subsidiaries and affiliates under the laws of the United Arab Emirates.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of our Site, you agree to become bound by these Terms and Conditions. If you do not agree to all these Terms and Conditions, then you may not access our Site or use any services.
XR Scuba FZ LLE may in future offer new services and/or features through our Site. Such new features and/or services shall be subject to these Terms and Conditions, as may be amended from time to time.
Our Terms and Conditions may be changed or updated occasionally to meet requirements and standards. Users are encouraged to frequently visit these sections to stay updated about any changes on our Site. Modifications will be effective on the day they are posted. Your continued use of our Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
For information on how User information is collected, used and disclosed by us in connection with your use of our Site and any of the services provided by our Site, please consult our Privacy Policy.
United Arab of Emirates is our country of domicile. Any dispute or claim arising out of or in connection with our Site shall be governed and construed in accordance with the laws of UAE.
Minors under the age of 18 are prohibited to register as Users of our Site and are not allowed to transact on or use our Site.
If you make a payment for products or services on our Site, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and our Site policies and rules.
User account
If you create an account on our Site, you are responsible for maintaining the confidentiality and security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with your account. You must immediately notify XR Scuba FZ LLE of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
User conduct
In consideration of the availability and your use of our Site, you agree to comply with all applicable laws and these Terms and Conditions when using our Site. You acknowledge that XR Scuba FZ LLE may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting Users in this regard.
Additionally, you agree not to:
Post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use our Site in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying our Site or the Internet;
Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Responsibility for Minors
In cases where you have authorised a minor to use our Site, you recognise that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of our Site and any services; and (iii) the consequences of any misuse by the minor.
Order acceptance
Please note there may be certain orders which we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Some situations which may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing and content information
While our Site strives to provide accurate pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is incorrectly priced, we may at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Cancellation
You may cancel your order by notifying us in writing prior to your order being shipped. It is usually not possible for us to cancel your order after it has shipped. Requests for order cancellations must be received during our business hours.
Returns and refunds
Please consult our Returns & Refunds page. Refunds will be done only through the original mode of payment. We may also offer you the option to convert refunds into store credit for future purchases.
Warranties
Unless otherwise stated, our Site does not expressly provide warranties for the products that it sells. Warranties are only provided by the manufacturer of the product, if applicable.
Trademarks and copyrights
All of the names, titles, logos, and designs on our Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trademarks and the sole and exclusive property of XR Scuba FZ LLE. All other names, titles, logos and designs appearing on our Site are the property of their respective owners.
Our Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the “Content”) and the entire contents of our Site also are protected by copyright as a collective work and/or compilation under UAE copyright laws, international conventions and other copyright laws. Our Site and/or its affiliates own the copyright in the Content original to our Site and in its selection, coordination, arrangement and enhancement of the Content.
As our Site asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by our Site violates your copyright, you are encouraged to notify us. We will respond to all such notices, which may include as required or appropriate removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of our Site or others, we may, at our discretion, terminate or deny access to and use of our Site. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Termination
You acknowledge and agree that our Site, with or without cause, may, with or without notice to you, suspend or terminate your account or your use of or access to our Site, and remove and discard any information or content related to our Site for any reason, including where XR Scuba FZ LLE believes that you have violated any of these Terms and Conditions.
You further agree that XR Scuba FZ LLE shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Site or with any terms, conditions, rules, policies, guidelines or practices of our Site in operating our Site, your sole and exclusive remedy is to discontinue using our Site. In addition, we can terminate our Site immediately as part of a general shutdown of our service. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
In no event will XR Scuba FZ LLE, or its suppliers or licensors, be liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to XR Scuba FZ LLE under this agreement during the twelve (12) month period prior to the cause of action. XR Scuba FZ LLE shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to defend, indemnify and hold harmless XR Scuba FZ LLE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Site, including but not limited to your breach of these Terms and Conditions.
General provision and warranty
You represent and warrant that your use of our Site will be in strict accordance with our Privacy Policy, with these Terms and Conditions and with all applicable laws and regulations. These Terms and Conditions are personal to you and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between XR Scuba FZ LLE and you pertaining to your use of our Site and supersedes any prior agreements between you and XR Scuba FZ LLE with respect to the subject matter hereof.
Our failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
Governing law
Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of our Site will be governed by the laws of Fujairah and the United Arab Emirates applicable therein.
This page was updated on 24 February 2022.
