DIVETARGET TERMS AND CONDITIONS
1. General Conditions of Use
1.1 Scope of Service and definitions
1.1.1 These General Conditions of Use apply to all services provided by AQUAWEB LTD (a company registered in UNITED KINGDOM under company number 11684920)whose registered office is at 5 Lockingate Street, Ashton-Under-Lyne, Greater Manchester, United Kingdom, OL6 8YB. Aquaweb LTD owns and operates the website: DIVETARGET.COM
1.1.2 These terms and conditions are subject to occasional changes and apply to all our services that are directly or indirectly provided (i.e. via third parties) via the internet, on mobile devices, by email or by telephone.
1.1.4 On the DIVETARGET.COM website, you have the ability to compare third party services via the DIVETARGET system. In addition, for some Courses and Trips, Offers users have a possibility of booking the selected offer through a direct connection via our system to the User who is registered on DIVETARGET.COM. As a result, the booking will be made directly between the users like: Student, Diver, Instructor. In such cases, AQUAWEB LTD is not a travel operator or the contractual party for the user, but only an agent providing the technical connection to the users registered profile on DIVETARGET.COM.
1.2 Defined Terms
1.2.1 “DIVETARGET” means AQUAWEB LTD, the company providing the matching services for diving courses, diving trips, offer, marine courses and events which are related to underwater activity on the Site and any of its partners or groups or associated companies.
1.2.2 “Booking Confirmation” has the meaning described at Clause 2.11.3.
1.2.4 “Revervation Price”- means the amount set out by the Instructor, in relation to the Course or Trip, Offer which is payable by the other User (Instructor, Diver, Student) as their advance payment of up to 40% (fourty per cent) of the Total Price of a Course, Trip, Offer.
1.2.5 “Instructor”- means the individual who is a licensed instructor in scuba diving, first aid or in other professions which have something common with underwater activity. “Instructor” also refers to professional divers like Assistant Instructor, Divermaster, P3 CMAS. It is a Person who uses the Site to offer scuba courses, trips, offers to other registered users at an agreed time in exchange for money or free of charge.
1.2.8 “Service”- refers to any use or service provided by the Site to any User.
1.2.9 “Site”- means DIVETARGET.COM and any other website or related mobile or other applications edited, maintained or operated by DIVETARGET alone or with others which offer similar services including any microsites or sub-sites offered through any such website or application.
1.2.10 “Course”- means a given course in relation to which the Instructor and other User have agreed to make a transaction through the Site and such expression shall include all details stated in a particular course description.
1.2.11 “User”- refers to an Instructor, Diver, Student or any other user of the Site.
1.2.12 “User Account”- refers to a registered account of Instructor, Diver, Student or any other user of the Site.
1.2.14 "Description"- refers to Courses, Trips, Offers placed on the Site by User. It includes all details and conditions of participation.
1.2.15 "Total Price"- amount which refers to a total price of the Course, Trip, Offer. Total price must be stated in the description of Course, Trip, Offer provided by the User. Price as offered by the Instructor on DIVETARGET are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently in Description. Applicable fees and taxes (including tourist/city tax) may be charged by the Instructor in the event of a no-show or cancellation.
1.2.16 "Cost of Transaction"- refers to the cost of a money transfer service provided by the Transaction System.
1.2.17 "Good Conduct Charter" - Clause 7 of the Terms and Conditions document.
1.2.18 "Transaction System"- service provided by a third party company such as PAYPAL, PayU or any other online payments system available on the Site.
1.2.19 "Customer Support"- service provided by one of administrators of the Site.
1.2.20 "Activity"- means any kind of activity included on the search list of the Site.
1.2.21 "Trip" - means a given trip where a User with another User have agreed a transaction through the Site and such expression shall include all details stated in a particular trip description.
1.2.22 "Offer" - means a given offer where a User with another User have agreed a transaction through the Site and such expression shall include all details stated in a particular offer description. Offer refers to any activity related with scuba diving sports, trainings.
1.2.23. “Participant” - refers to User who performed reservation on Course, Trip, Offer advertised on the Site and received Booking Confirmation.
1.2.24. “Event” - refers to an Offer, Trip, Course.
1.3 Acceptance of Conditions
1.3.1 These Conditions apply to any use of the Site whatsoever. By using the Site, Users accept these Conditions in full, even if a User does not create a User Account.
1.3.3 In the event that any User fails to comply with any of the Conditions DIVETARGET reserves the right to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.
1.3.4 These Conditions are intended to create binding rights and obligations between Users in accordance with the Contracts (Rights of Third Parties) Act 1999.
1.4 Variation of the Conditions, the Site and Service
1.4.1 DIVETARGET reserves the right to modify the Conditions at any time. In addition, DIVETARGET may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Users.
1.4.2 Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.
1.4.3 Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions.
1.4.4 If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
2. Use of the Service
2.1 User Account and Accuracy of Information
2.1.1Users have the option of joining the DIVETARGET by creating a member account within the DIVETARGET web site. Users who register can publish self-generated content on DIVETARGET BLOG, as well as actively participate in the platform’s development via the administrative functions. Unregistered users may read the content on DIVETARGET for free but cannot see prices of Courses and Trips.
2.1.3 In order to use the Services each User must create a User Account and agrees to provide any personal information requested by DIVETARGET. In particular, Users will be required to provide their first name, last name, age, title, nick name, valid telephone number, email address, photo of a diving certificate or scan of any license, document which proves that they have something in common with underwater activity.
2.1.4 Use of the Site is limited to those over the age of 18 at the time of registration and to those who know English on the level which allows them to fully understand DIVETARGET’s Terms and Conditions.
2.1.5 Users agree and accept that all of the information they provide to DIVETARGET when setting up their User Account and at any other time will be true, complete, accurate in all respects and up to date. Users also agree that any information supplied to DIVETARGET or posted on the Site in connection with any Course, Trip will be true accurate and complete.
2.1.6 DIVETARGET will not be liable to any User in the event that any information provided by a User (including for the avoidance of doubt another User) which is incomplete, inaccurate, misleading or fraudulent.
2.1.7 Unless expressly agreed by DIVETARGET Users are limited to one User Account per User. No User Account may be created on behalf of or in order to impersonate another person.
2.1.8 Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services. We reserve the right to terminate your membership and access to our website if we learn that you have provided false or misleading information.
2.1.9 By accepting the terms and conditions contained herein, User or any person who wishes to register as a User hereby agrees and consents to the fact that DIVETARGET may collect IDs or identity documents belonging to them including but not limited to diving license, passport, full and provisional driving licence for the purpose of verification of the information contained in such IDs or identity documents by a third party service provider.
2.1.10 When you register to use our website, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password's use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.
2.1.11 If you forget your password, please click on the following and we will reset your password and send it to your email address.
2.1.12 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person.
2.1.13 You agree that you will not use our website:
a) To advertise third parties a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you;
b) To obtain passwords or personal identifying information for commercial or unlawful purposes from other users;
c) To attempt to impersonate another user; or
d) To harass, threaten or intimidate any user.
e) You will be for responsible for logging out from your registered account at the end of each session on our website.
f) If you are a visitor, you agree not to obtain unauthorized access to areas of our website reserved for members.
g) If you are aware of anything on our website which appears to infringe these terms, you agree to contact us immediately.
2.2 Security and Passwords
In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorized way. We accept no liability for any unauthorized or improper use or disclosure of any password.
2.3 Interruptions and Omissions in Service
Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.
2.4 Links to other Sites
On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
2.5 Information on this Site
Whilst we make every effort to ensure that the information on this Site is accurate and complete, most of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this Site or any liability in respect of information on this Site supplied by you, any other Site User or any other person.
2.6 Your Use of this Site
2.6.1 You may only use this Site for lawful purposes when seeking diving courses, diving trips, placing information about your courses, trips or help with your career or when recruiting staff. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorized access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
2.6.2 You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.
2.6.3 You must ensure that any content that you submit to our website:
Does not infringe any third party's Intellectual Property Rights ("Intellectual Property Rights" means registered and / or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world);
a) Does not breach any applicable law;
b) Is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion; or
c) Does not disrupt the communications of the online community or Community Area on our website
2.7 No Commercial activity and Status of DIVETARGET
2.7.1 The Site and the Service are strictly limited to providing an online platform that connects Instructors, Divers and Students for purpose of Course, Trip, Offer or any other activity related to underwater environment. The Site and the Service may be used to connect Instructors, Divers, Students, offer or accept Courses, Trips, Offers for profit or in any commercial or professional context. Consequently, DIVETARGET may close or suspend the account of any User.
2.7.2 Instructors can profit from their courses and trips. The Service and the Cost Contribution may be used to discharge the Instructor’s costs and may be used to generate profit for the Instructor but only from diving courses, trips, offers or other activities available on the Site.
2.7.3 Users are reminded that using the Site in a commercial or professional capacity may require an Instructor’s insurance. DIVETARGET liability is limited in accordance with these Conditions and in particular DIVETARGET is not liable in respect of any breach of any agreement or arrangement between Users or breach by a User of these Conditions including where any Instructor, Diver (in breach of these Conditions) offers Services through the Site in a nonprofessional or noncommercial capacity. It is up to Users to be vigilant in ensuring that all the services provided by Instructors, Divers are not against or in breach of the local law of the country in which they take place.
2.8 Status of DIVETARGET
2.8.1 Neither DIVETARGET nor the Site provides any scuba diving Courses, Trips, Offers or other educational, entertainment services. The Site is a communication platform for Users to transact with one another. DIVETARGET does not interfere with Courses, Trips, Offers destinations, prices or timings. The agreement for Courses, Trips, Offers is between Users. DIVETARGET is not a party to any agreement or transaction between Users, nor is DIVETARGET liable in respect of any matter arising which relates to a booking between Users.
2.8.2,DIVETARGET is not and will not act as an agent for any User.
2.8.3 Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and they may be restricted from accessing any further Services.
2.9 Types of Booking and Payment
2.9.1 DIVETARGET offers a free service only for particular subscription plan and free of charge advertisements which allows Users to contact each other directly to arrange Courses, Trips, Offers by setting up Course, trip, offer agreements.
2.9.3 Users accept that given the nature of the service and the fact that it is free of charge Instructors, Divers, Students will have no recourse to DIVETARGET for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Instructor, Diver, Student to turn up or non-payment of the Cost Contribution. In particular it is the User’s responsibility to collect full payment from the other User at the time of the Course or Trip.
2.9.4 Subject to the payment of a Cost Contributions by the User, may be collected using the Site from the User on behalf of the Instructor by DIVETARGET at its sole discretion in the circumstances set out below.
2.9.5 Save as provided in Clause 2.10 (Cancellation Service), DIVETARGET will not contact either party and will take no steps whatsoever to manage the booking. The courses, trips and offers and other services itself are managed by Instructors, Divers and Students only.
2.9.6 Please note that DIVETARGET reserves the right to change any aspect of the Site or its services which may include adding new services (which may require payment) or withdrawing services.
2.10 Cancellation Service
2.10.1 DIVETARGET cannot offer to its Users a cancellation service however we can provide help with a view to assist in reducing the risks of a cancellation of a Course, Trip, Offer. However, nothing in these Conditions shall impose on DIVETARGET any liability to any Users for the occurrence of any of those risks.
2.11 How to Book a Course or a Trip
2.11.1 The Instructor, Diver provides details of his or her Course, Trip, Offer on the Site, specifying date and time of Course, Trip, Offer start or departure of the Trip, the amount of the Reservation Price, the amount for Total Price of the course and all other relevant participation conditions.
2.11.2 The User books a space in the Course, Trip, Offer on the Site exclusively by making a online payment online using e.g. : debit/credit card (“Booking”) of the Reservation Price or free of charge if the advertisement doesn’t require paid reservation.
2.11.3 DIVETARGET will then send an email confirmation to both Users confirming the Booking of the Course, Trip, Offer or other Activity (“Booking Confirmation“). Once a Booking Confirmation has been sent, the Booking is complete and a separate binding agreement relating to a Course, Trip, Offer or other Activity shall be formed between the Users.
2.11.4 The Booking is personal to the Users. The identity of the Users must match the identity provided by each of them to DIVETARGET. The DIVETARGET and Instructor, Diver shall be entitled to cancel a Course, Trip, Offer if the identity of the participating User is not as provided on the Site. The Users are obligated to inform immediately DIVETARGET’s administrator in such case.
2.11.5 The Instructor and Diver are obliged to DIVETARGET and to other Users to perform the Course, Trip, Offer that he or she has advertised on the Site, share with them the agreed date, time and place. The Instructor is also obliged to DIVETARGET and to the Users(s) to ensure that his or her professional divers or any other license allows to provide the advertised Course, Trip, Offer for which the Bookings were made.
2.12 Payment Terms for Course, Trip, Offer (online payment when available)
2.12.1 No withdraw may be made to Instructor or Diver from DIVETARGET account that has not been opened in his or her name.
2.12.2 The Instructor may collect personally a payment from the User other than the “Reservation Price” which is the remaining quote of Total Price for the Event.
2.12.3 In an effort to minimize the effects of credit card fraud and to prevent money laundering, the Users agree to provide on request from DIVETARGET and more generally any competent judicial or administrative authority any information that they may require to verify their identity, including any proof of identity and proof of address. In the absence of immediate response to these requests, the Users agree that DIVETARGET shall be entitled to take unilaterally any action that it deems appropriate including the freezing of any User account to be made under those terms and / or the suspension of the Service(s).
2.12.4 DIVETARGET shall not be liable to the Instructor for any loss resulting in the failure to pay the Instructor if for any reason whatsoever, the amount paid by the User is not received by the Instructor or is required to be returned to the User such as in the event of insufficient funds, fraudulent use of the card of the User, the card company or bank of the User failing to process correctly the payment or a failure on DIVETARGET’s side to take or make a payment when it is outside of DIVETARGET’s reasonable control. The Instructor undertakes to return to User on demand any amount received in such circumstances.
2.13 Payment Terms when a Course, Trip, Offer is cancelled
2.13.1 The Instructor and the Participant agree to the conditions relating to the payment of any refund to the User or compensation to the Instructor (whether in full or in part) relating to the cancellation of a Course, Trip, Offer after the Booking Confirmation, are set out below:
2.13.2 Where the cancellation of a Course, Trip, Offer is caused or deemed to have been caused by the Instructor under these Conditions, the User shall be entitled to a full refund of Reservation Price. Unless described differently in advertisement.
2.13.3 Where the cancellation of a Course, Trip, Offer is caused or deemed to have been caused by the Participant under these Conditions:
2.13.4 If the Participant cancels his/her reservation more than 60 days before the agreed Course, Trip, Offer start time, the Participant shall be entitled to 85% refund of the Reservation Price. As the result, the Instructor shall not be entitled to any compensation. Unless described differently in advertisement.
2.13.5 If the Participant cancels 60 days or less before the agreed startup date, the User shall be entitled to a refund of 0% (zero per cent) of the Reservation Price and the Instructor shall be entitled to receive the full amount of the Reservation Price from the Participant. Unless described differently in advertisement.
2.13.6 If the Participant cancels on or after the agreed departure time or if the Participant does not present himself or herself at the pick-up point within 30 minutes of the start time, the Instructor shall be entitled to receive the full amount of the Reservation Price. As a result, the Participant shall not be entitled to any refund.
2.13.7 Any places that become available following a cancellation by a Participant under these Conditions shall automatically become available to other Users for online Booking on the Site and therefore subject to these Conditions.
2.14 Instructors, Divers and Participant obligations.
2.14.1 Instructor’s obligations.
Each of the Instructors undertakes and agrees that:
a) they will present themselves on time and at the place agreed in the Course, Trip, Offer Description;
b) they will immediately inform all Participants of any change whatsoever to the Course, Trip, Offer. Information must be sent by e-mail and also direct contact by phone must be provided as soon as possible within 24h from the time when changes occurred.
c) if the Instructor decides to change any aspect of a Course, Trip, Offer the Instructor undertakes to contact all Participants who have made a booking in relation to that Trip, Course, Offer and to obtain the agreement of all Participants to the change.
d) they must comply with the Good Conduct Charter at all times;
e) they must wait for the Participant(s) at the pick-up point for at least 30 minutes after the agreed time (however, the Participant is expected to be punctual); and
f) they must abide by all laws of the countries in which they are providing their services and will provide their services safely.
2.14.2 Divers obligations
Each of the Divers undertakes and agrees that:
a) they will present themselves on time and at the place agreed in the Trip Description;
b) they will immediately inform all Participants of any change whatsoever to the Trip. Information must be sent by e-mail and also direct contact by phone must be provided as soon as possible within 24h from the time when changes occurred.
c) if the Diver decides to change any aspect of Trip the Diver undertakes to contact all Participants who have made a booking in relation to that Trip and to obtain the agreement of all Participants to the change.
d) they must comply with the Good Conduct Charter at all times;
e) they must wait for the Participant(s) at the pick-up point for at least 30 minutes after the agreed time (however, the Participant is expected to be punctual); and
f) they must abide by all laws of the countries in which they are providing their services and will provide their services safely.
2.14.3 Students, Divers and Instructor obligations:
Each of the Users undertakes and agrees that:
a) they will present themselves on time and at the place agreed with the Instructor or Diver;
b) they will immediately inform the Instructor or Diver and DIVETARGET if they are required to cancel a Course, Trip, Offer.
c) they will comply with the Good Conduct Charter at all times;
d) they wait at the meeting point for at least 30 minutes after the agreed time for the Instructor or Diver to arrive;
e) they will pay the Reservation Price to the Instructor
f) If the User fails to comply with any of these terms or any other Conditions, DIVETARGET reserves the right to keep information relating to the breach, to publish or disclose this information on the User’s online profile and to suspend or withdraw the User’s access to the Site.
2.15.1 The Instructor agrees and undertakes that they will take out and maintain insurance to cover for the Course, Trip, Offer booked through the Site (including for the avoidance of doubt insurance to cover any international or overseas part of Course, Trip, Offer). The Instructors agree that they will, on request, provide the Participant with evidence in advance of the Course, Trip, Offer of the complete validity of his or her insurance policy. The Instructor also undertakes to hold a valid Instructor license and that the Instructor will own or will be entitled to use right gear and that the gear will be in good service condition. The Participant is entitled to request evidence of the Instructor’s insurance, Instructor license/certificate and equipment service certificate if it is necessary at any time up to completion of the Course, Trip, Offer.
2.15.2 DIVETARGET gives no warranty or assurance in this regard and it is the Instructor’s and Participant responsibility to verify that their insurance provides adequate cover in the country where the Course, Trip, Offer will be performedor elsewhere in the world.
2.15.3 It is up to each Instructor and Participant to confirm with each other that the Instructor is covered by valid insurance for a Course, Trip, Offer. The Instructor must confirm that his or her insurance policy allows him or her to run courses and organize trips, diving offers and that the insurance policy covers all Participant’s and any accident or incident which may occur during a Course, Trip, Offer.
2.15.4 The Instructor and Diver therefore undertakes to calculate his or her other expenses like fuel, toll, maintenance, repairs, depreciation, service, insurance of his or her company and guarantees that the Total Price will not exceed over amount of Total Price set in Description of the Event.
2.15.5 If the Instructor does not make a profit, or if the insurers repudiate or refuse to accept any claim arising during a Course, Trip, Offer for any other reason the Instructor will be responsible for the financial consequences, losses and damages arising and DIVETARGET will not be liable under any circumstances to the Instructor or the Participant or to any other User.
2.16 Management of disputes between Users
2.16.1 DIVETARGET shall not provide its Users with an online service for resolving disputes. DIVETARGET is under no obligation to seek to resolve disputes and this service is offered at DIVETARGET’s sole discretion and may be withdrawn at any time.
2.16.2 If any dispute is not settled, DIVETARGET reserves the right to suspend the accounts of Users until an amicable agreement has been reached between the Users or a definitive judicial decision has been made.
2.17 Verification of User phone number
2.17.1 In order to increase trustworthiness, prevent typos and wrong numbers, User can be verified with their mobile number by one of DIVETARGET administrators.
2.17.2 User will receive an SMS with a 4-digit code which can be validated on the Site.
2.17.3 This service is free of charge, except for the possible cost levied by a User’s mobile phone operator for receiving the SMS.
2.18 International Trips and International Bookings
2.18.1 Bookings may be made through the Site for international Courses, Trips, Offers. An International means any Event which includes any travel outside of the United Kingdom. Course, Trip, Offer or any Event is compliant with all relevant rules and restrictions applicable in any overseas country.
2.18.2 Regarding cross-border trips, please note that the applicable VAT rate depends on the departure point or the arrival point of your Trip, Course, Offer.
3.1 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
3.2 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site. You must notify us immediately if anyone makes or threatens to make any illegal claim against you relating to your use of this Site.
3.3 DIVETARGET is not liable for the accuracy, quality, completeness, reliability or credibility of content provided by users and/or booking sites. In particular, there is no advice or information from DIVETARGET regarding the selection of services offered by Users.
3.4 All agreements that arise through this service are only between Users.
3.5 In particular, DIVETARGET does not act as organizer or travel agency at any time. The terms and conditions of the respective organizer, Instructor or travel agency apply exclusively, especially regarding the right to cancel and to withdraw. The contact for the processing of payments, as well as any questions is the respective contracting Transaction System. DIVETARGET remains uninvolved in such contractual arrangements, agreements and claims between the DIVETARGET user and the respective external Transaction System.
3.6 DIVETARGET does not verify the accuracy of content uploaded by Users. This content is provided by Users for publication on our website. DIVETARGET has no influence on this information (in particular images, comments, reviews, etc.). The publication of User-generated content and reports on DIVETARGET does not reflect the opinion of DIVETARGET, in particular, DIVETARGET does not claim this content as its own.
3.7 In particular, hyper links, advertising banners, information about Courses, Trips, Offers or other activities, travel destinations or providers and the like are provided by Users do not represent recommendations or information from DIVETARGET. For technical reasons, no updating of the prices we receive from Users are done in real time. DIVETARGET does not guarantee the accuracy of information, in particular prices and availability.
3.8 DIVETARGET is not liable for technical malfunctions for which the cause is not within DIVETARGET’s sphere of responsibility or for damages caused by force majeure. DIVETARGET does not guarantee uninterrupted availability of data and may perform technical maintenance during a freely chosen time period.
3.9 DIVETARGET has taken care to ensure that the information on the Site is correct. However, no warranty, express or implied, is given as to: (i) its accuracy; or (ii) its availability, and DIVETARGET does not accept any liability for error or omission. DIVETARGET is not responsible for how the information is used, how it is interpreted or what reliance is placed on it. We do not guarantee that the information on the website is fit for any particular purpose. You should also be aware that the availability of courses of study is subject to conditions applied by individual institutions at their sole discretion.
3.10 To the fullest extent permitted by law, DIVETARGET shall not be liable for any claims, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss of any nature), damages or expenses arising from the use or from the inability to use the Site. DIVETARGET does not accept liability from reliance on information or advice contained on the Site or from any unauthorized access or alteration to the Site by a third party.
3.11 Whilst the Site may from time to time contain advertising material, DIVETARGET does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws.
3.12 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.
3.13 Nothing in these Terms shall exclude liability for death or personal injury directly caused by our negligence, nor any other liability which cannot be excluded or limited under applicable law.
4. General Terms
4.1 Suspension or withdrawal of Site access
In the event of non-compliance on Users’ part with all or some of the Conditions, Users acknowledge and accept that DIVETARGET can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or access to the Site (including in particular User Accounts).
4.2 Intellectual property
4.2.1 The format and content of this Site is protected by United Kingdom and international copyright and DIVETARGET reserves all of its rights in relation to its copyright whether owned or licensed to DIVETARGET.
4.2.2 All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to DIVETARGET) which appear on the Site.
4.2.3 This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of DIVETARGET. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of DIVETARGET. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
4.2.4 As between you and us, we own all rights, title, and interest in and to the Site, all the content (including without limitation all text, audio, photographs, images, renderings, RSS feeds, podcasts, reports, charts, logos, widgets, gadgets, applets, and video), software, code, data and other materials available on the Site (collectively, the “Site Content”), the look and feel, design and organization of the Site, and the compilation of the Site Content. Your use of the Site does not grant to you ownership or title of, in, or to any Site Content or any other part of the Site. Aquaweb LTD has registered the mark diveTarget.com, DIVETARGET, diveTarget and the distinctive “r” logo with the EUIPO European Union Intellectual Property Office and claims trademark rights to these and other marks containing DIVETARGET and the distinctive “r” logo. The trademarks associated with other companies that are published on the Site, including those of our portfolio, are owned by their respective owners. Trademarks, service marks, trade names, and logos that are displayed on the Site may not be used unless authorized expressly on the Site, in these Terms, or by the applicable owner.
4.3 Content of the Site provided by the User
4.3.1 By displaying content on this Site, Users expressly grant a licence to DIVETARGET to display the content and to use it for any of DIVETARGET’s other business purposes.
4.3.2 Users of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to 4.3.3 DIVETARGET’s policy and DIVETARGET does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify DIVETARGET in relation to any liability it may suffer as a result of any such content. However as soon as DIVETARGET becomes aware of infringing content, DIVETARGET shall do everything it can to remove such content from the Site as soon as possible.
4.4 Partner sites
4.4.1 DIVETARGET reserves the right to reproduce any information that appears on the Site or on the partner sites.
4.4.2 In particular, ads published on one of the sites maintained or co-maintained by DIVETARGET may be reproduced on other sites maintained or co-maintained by DIVETARGET or third parties.
4.5. Charges and Fees
4.5.1 Certain options and aspects of the content are only available to individuals who purchase a proper subscription or one of our products. As a subscriber, you agree as follows:
4.5.2 Pay, using a valid credit card (or other forms of payment which we accept) the fixed and periodic fees set forth on the site, including applicable taxes and other charges incurred in order to get DIVETARGET website access.
4.5.3 All charges are expressed in the EURO, GBP, PLN, USD but your credit card or other accounts will be charged to your local currency. All financial transactions are operated through Transaction System. We reserve the right to increase or decrease charges for the products at any time, upon reasonable advanced notice communicated to you through a posting on the site or such other means, as you may consider appropriate from time to time (including electronic mail.)
4.5.4 You are responsible for keeping the confidentiality of your password and user account information. You must immediately notify us in case of any known or suspected unauthorized use of your account.
DIVETARGET reserves the right to display advertisements on the Website and your Content. On DIVETARGET.COM owned and operated sites and unaffiliated sites, DIVETARGET displays interest-based advertising (also sometimes referred to as personalized or targeted ads) using information you make available to us when you interact with our sites, content, or services.
4.7 Cancellation of Subscription
4.7.1 Once you cancel or terminate your subscription we will immediately deactivate your user account or part of it and all related information.
4.7.2 You may cancel your subscription by contacting our Customer Support. We will attempt to process all cancellation requests within 72 hours after we receive them.
4.8.1 We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
4.8.2 However DIVETARGET reserves the right to terminate a user’s access and to delete their registration within a period of one week after receipt of relevant information via email about improper use of the website. The user may also terminate their own access and registration within the same period.
5.1 Our Site is provided on an “as it is” and “as available” basis. We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
5.2 You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our Site. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our Site is provided for the general information of the general public.
5.3 Your use and participation in our Site and services are solely at your own risk. No advice or information whether oral or written, obtained by you from our website shall create any warranty not expressly made in these terms or imposed by law.
5.4 We make no warranty that our Site will meet your requirements, or that access to our Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our website.
6. Privacy Statement
7. Good Conduct Charter
7.1 Give genuine information
I will create a profile with my real name and photo, and only offer Courses, Trips, Offers I actually intend to make.
7.2 Be reliable
I will show up for my Events on time, stick to the details agreed in Description.
7.3 Think of safety
I will follow the rules and obey the law of the country and take care of myself and others.
7.4 Be considerate and welcoming
I will consider the preferences of the course mates and respect the Instructor and other Students!
7.5 Give fair ratings
I will leave honest, accurate and polite ratings about others if there will be such a possibility.
I will take care of the flora and fauna on each dive site and place where I prepare myself before diving.
I will do my best to leave the environment untouched and clean.
You will react immediately to any inappropriate behavior and law or safety violation by other Users. If your reprimand will be ignored in such a case, report us the whole situation. DIVETARGET will suspend the account of the User who’s activity breach Good Conduct Charter and brings shame to our society.
I will make the most of my Events experience and help others enjoy it too!
8. Law and Jurisdiction
8.1 Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website .
8.2 These terms shall be governed by the law of U.K. and any disputes arising in relation to these terms shall be subject to the jurisdiction of U.K.
9. Changes to Terms and Conditions and Invalidity
8.1 These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
9.2 Registered Office:
5 Lockingate Street, Ashton-Under-Lyne,
Greater Manchester, United Kingdom, OL6 8YB
Correspondence address: info(@)divetarget.com