TERMS OF SERVICE
OVERVIEW
This website is represented by Underwater Dive Services. Throughout the website, the terms “we”, “us” and “our” refer to Underwater Dive Services which offers this website, including information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in the terms of service.
By visiting our website and/or purchasing a service from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including, but not limited to, those additional terms and conditions and policies references in this website.
Please ensure you have read these terms and conditions carefully before accessing or using our website. By entering the company website, you automatically agree to the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If the Terms of Service are expressed as an offer, acceptance is limited to these Terms of Service.
New services or features attached to the current business shall also be subject to the Terms of Service. Users may access the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, amend or replace any part of these Terms of Service by posting updates and or amendments to our website. It is your responsibility to check this page periodically for changes. Your continued access and use of the website and services following any subject to change constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any given time.
You understand that your content may be transferred unencrypted and involve: (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices
You agree to not duplicate, copy, reproduce, sell, resell or exploit any portion of the Service, access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings displayed in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – ONLINE AND PRIVACY POLICY
Underwater Dive Services, accessible from underwaterdiveservices@gmail.com, prioritizes the privacy of our customers and visitors. This Privacy Policy contains types of information that is collected and documented by Underwater Dive Services and how it is used.
Upon agreeing to these Terms of Service, it is implied that you are the age of the majority in your state or province of residence, or that you are the age the age of the majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this service.
You must not transmit any worms or viruses or any code of a destructive nature.
Breach or violations of any of these Terms will result in an immediate termination of your Services.
DATABASE
Underwater Dive Services follows a standard procedure of using a database. The database holds a record of all Underwater Dive Services customers. The information collected by the database includes name, address, phone number, as well as boat registration information. The purpose of this information is to assist in providing the best quality service for our customers.
ONLINE PRIVACY POLICY
Our Online Privacy Policy applies only to our online users and is valid for visitors to our website with regards to the information that they are shared with/ collect in Underwater Dive Services. This policy is not applicable to any information collected offline or via channels other than this website.
LOG FILES
Underwater Dive Services is compliant to the standard procedure of using log files. These files log visitors when they visit the website. The information collected via those log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, exit/referring pages, and possibly number of click. These are not linked to any personally identifiable information. The information collected via log files are used for the sole purpose of analyzing trends, administering the site, demographic information and tracking user movement on the website.
COOKIES AND WEB BEACONS
Like many websites, Underwater Dive Services uses cookies. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our website content based on visitors’ browser type and/or other information.
CONSENT
By using our website, you hereby consent to our Privacy Policy
SECTION 3 – WORKPLACE HEALTH AND SAFETY POLICY
Underwater Dive Services is committed to the welfare, health and safety of its employees and others affected by its organizational activities by providing a framework for risk management to control hazards and risks surrounding the workplace. We recognize that the wellbeing, health and safety of workers are critical to success and to the high standard reputation of Underwater Dive Services. The safety aims are developed in compliance with: Australian Occupational Health and Safety Systems; Safety requirements as specified in the Work Health and Safety Act 2011 (NSW) legislation; All relevant statutory and regulatory requirements and codes of practice; Ensuring safety and risk management procedures and available and adhered to; Promoting safe, honest, open and timely communication and coordination with stakeholders (including employees, customers, and any other party involved in or affected by Underwater Dive Services activities); Providing regulatory safety procedures and training to all employees; Ensuring all employees are competent and have satisfactory knowledge to perform their duty in a safe and productive manner; Ensuring incidents are reported and investigated/ reviewed by management with the view to prevent reoccurrence.
SECTION 4 – QUALITY POLICY
Underwater Dive Services has a team of professionals who are committed to: Providing the highest quality services; Meeting the requirements of service contracts; Complying with the applicable legislation and regulatory requirements; Maintaining ethical and business standards.
We aim to ensure all employees have the necessary training and competencies for them to perform their duties safely; ensure timely communication amongst employees and ensure they are kept abreast of changes in relevant standards, statutory, regulatory and quality system requirements; deliver services in accordance to client requirements and expectations; invest and develop employees, encouraging staff retention and corporate teamwork to meet the challenges of our marketplace and thoroughly manage work through creating solid plans according to approved procedures and processes.
SECTION 5 – ENVIRONMENTAL POLICY
Underwater Dive Services is committed to protecting the environment by conducting our operations in an ecologically sustainable manner. Together with our existing initiatives to preserve the environment and a strong staff commitment, Underwater Dive Services will seek to comply with all requirements to ensure the aims of this policy continue to be met now and into the future.
Our environmental aims include: Developing processes and procedures to identify, prevent and mitigate environmental pollution; Efficiently managing our operations in a way that minimizes our impact on the land, air and waterways and to achieve the sustainable use and reuse of resources; Ensuring employees are trained to conduct their activities in an environmentally responsible manner; Providing appropriate resources to establish and maintain the environmental management system, and achieve the above environmental objectives/performance targets, and periodically review systems and procedures, environmental performance, objectives and targets to ensure continual improvement and compliance with legislative and other external requirements.
SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do not hold the responsibility if the information made available on this site is inaccurate, complete or current. The material on this site is provided for general information only and should not be used or relied upon as a sole basis for decision making without consulting primarily and more accurately/complete. Any reliance on the material on this site is at your own risk.
The website may contain outdated information. Outdated information is not current and the information provided on the website is for reference only. We reserve the right to modify and/or amend the contents of this site at any time, and have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice. We reserve the right at any time to modify, amend or discontinue the Service (or any part or content thereof) without notice at any time. Underwater Dive Services will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 – PRODUCTS OR SERVICES (if applicable)
We reserve the right, but are not obligated to limit the sales of our services to any person, or organization. We may exercise this right on a case-by-case basis. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any service at any time. Any offer for any service made on this sit is void where prohibited.
We do not warrant the quality of service, information purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Underwater Dive Services reserves the right to refuse any service. Upon our discretion, we may limit or cancel services. In the event that we make a change to or cancel a service, we may attempt to notify you by contracting the e-mail and/or billing address/phone number provided at first contact to our services. We reserve the right to limit or prohibit services that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide accurate, current information for all purchases made at our store. You agree to promptly update your account and other information, including your email, phone/ contact information so that we can complete transactions, documentation and contact you as needed.
SECTION 10 – THIRD PARTY LINKS
We may provide you with access to third-party organizations over which neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such access ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In future, we may offer new services and/or features through the website. Such new features and/or services shall be subject to these Terms of Service.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example feedback submissions), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
You agree that your feedback, user comments and other submissions will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers or availabilities. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if any information in the Service or on any related website is inaccurate at any time without prior notice (including after confirmation of a service).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to refuse service for violation of any of the prohibited events.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free. We are not liable, but not limited to (upon the discretion of Underwater Dive Services), for damage caused on vessels while providing service within the prescribed requirements requested by consumers. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may refrain from service for indefinite periods of time or cancel the service at any time, without notice to you.
By engaging in any service with us, you agree that all services/products provided to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for you, without representation, conditions or warranties of any kind, either expressed or implied.
In no circumstance shall Underwater Dive Services directors, supervisors, contractors, suppliers, service providers or licensors (or otherwise stated by us) be liable for any injury, loss, claim, or any direct, indirect, punitive, incidental, special, or consequential damages of any kind, including, without limitation, loss of profit, revenue, savings, replacement or damage costs, whether based in tort (including negligence), contract, strict liability, arising from fulfilling requirements expressed by customers. We are not liable for any other claim related in any way to any errors or omissions in any content, or any loss or damage incurred as a result of service, even if advised of their possibility.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, hold harmless and defend Underwater Dive Services and our affiliates, partners, directors, contractors, agents, licensors, service providers, employees, subcontractors and suppliers, harmless from any claim or demand including reasonable attorney fees made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
Upon the event that any of the related provisions of these Terms of Service is rules to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be eliminated from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions stated in the Terms of Service.
SECTION 18 – TERMINATION
The effectiveness of the Terms of Service remains in effect unless and until otherwise terminated by us or you. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease contact with us or using our website.
If in our sole discretion or judgment, you fail to, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due and including the date of termination thereof.
SECTION 19 – ENTIRE AGREEMENT
The failure on our behalf to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provisions.
These Terms of Service and any operating policies expressed by us in respect of the Service constitutes the entire agreement and understanding between yourself and us and govern the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the current laws of Australia and New South Wales.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this website. We further reserve the right to update, change or replace any part of these Terms of Service at our sole discretion, by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our service and access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions or inquiries regarding the Terms of Service should be sent to us at underwaterdiveservices@gmail.com.