Terms of Service

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Thanks for diving with Submersive!

Please read these terms and conditions carefully before using this website or making an online booking. Your use of the website and online booking system confirms that you have accepted these terms and conditions. If you do not agree to any part of these terms and conditions, you may not use this website or the online booking system.

Submersive reserves the right to amend these terms and conditions at any time by posting the updated terms on our website. Such amendments will immediately become effective upon posting.

The terms and conditions described below define the agreement ("Agreement") between, SubmersiveLtd. and its affiliates (collectively, "Submersive"), the owner and operator of submersive.com (the "Website"), the Submersive software platform ("Platform"), and any services provided by Submersive or a Service Provider represented on submersive.com ("Service(s)") and you ("you", "your" or "user(s)"), a user of the Website, Platform, and Service.

Throughout this Agreement, the words "Submersive", "us", "we", and "our", refer to our company, Submersive Ltd and our Website, Platform, or any Services, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information to the Website and Service, including but not limited to text, photos, pictures, comments, designs, data, or videos will be referred to as "Content" throughout this Agreement.

By using our Website, Service or Platform you agree to these Terms of Service and the Privacy Policy. We may amend our Terms of Service or Privacy Policy and may notify you when we do so.

If you do not agree to the these Terms of Service or our Privacy Policy please cease using our Platform and Services immediately. Users of our Service must be 13 years or older. If you are under the age of 13 please stop using our Site and Service immediately.

Background

Submersive has developed the Website and an online booking system (the "Online Booking System") which enables individuals to browse, compare and book (the "Booking") diving services and supplementary offerings directly with a service provider (the "Service Provider"), including dives or diving packages, guided tours, diving safaris, courses, and equipment rental (the "Services").

By browsing, accessing and using the Website and by using the Online Booking System, you acknowledge and agree that you have read, understood, and agreed to these terms and conditions.

The Parties agree as follows:

Scope of Service

Submersive.com acts solely as an intermediary between you and the Service Provider and through the Online Booking System enables you to make a Booking directly with the Service Provider, and:

  1. Bookings created through the Online Booking System will constitute a direct contract between you and the Service Provider in accordance with the terms and conditions set out in the Booking, including but not limited to fees, costs, charges and taxes, and any cancellation or no-show charges (the "Service Provider Terms"). You are solely responsible for reading and understanding the Service Provider Terms prior to making a Booking.
  2. Submersive.com does not charge you for the use of Website or Online Booking System.

Information displayed on the Website is based on information provided to submersive.com by the Service Provider (the "Service Provider Information"). The Service Provider represents that the Service Provider Information is accurate, up to date, and not in any way misleading. Submersive.com does not guarantee that the information is reliable, accurate, complete, or free from errors.

Submersive.com does not endorse any of the Service Providers and makes no representations with respect to the affordability, quality, safety, or suitability of the Service Providers, or their ability to deliver the Services.

The order in which information is displayed on the Website does not constitute an endorsement of any Service Provider. Submersive.com might use an automatic ranking process, which will be based on objective and fair criteria.

Submersive.com will ask customers to comment on all aspects of the Services, and may post such reviews on the Website.

Prices

Unless otherwise indicated in the Service Provider Terms, all rates and prices listed through the Online Booking System include the entire cost for all services and charges related to the Services, including but not limited to all surcharges, taxes and levies.

Availability

Services displayed on the Website are available for booking and subject to confirmation within 24 hours upon completing the booking through the Online Booking System, and:

  1. For Services quantified in days, Service Provider agrees to provide such services in strict accordance with the dates specified in the booking.
  2. For Services expressed in units other than days, the Service Provider reserves the right to confirm availability on specific dates within the date range upon receiving the booking request. In the event that the Service Provider has limited availability during the date range specified in the booking, the Service Provider agrees to notify you immediately about the availability on specific dates within the date range so that you may plan accordingly or make alternative arrangements.

Payment

All fees, costs, charges, and taxes with respect to Services are payable to submersive.com in the currency indicated in the booking confirmation. Once a user makes a booking using the Online Booking System, Diviac will pre-authorise the user's credit card. The user's payment method will be charged once the confirmation from the Service Provider has been obtained.

Cancellation

The Service Provider will clearly set out their cancellation policy in the Service Provider Terms. The Service Provider will not charge a cancellation fee provided that the booking is cancelled during the no-charge cancellation period as set out in the Service Provider Terms.

Responsibility

By booking Services through the Online Booking System, you agree that you reviewed the standards and requirements of the Service Provider, including but not limited to minimum diving certification requirements, diving insurance requirements, personal information that the Service Provider requires you to provide, and forms that the Service Provider requires you to sign, such as Medical Statement, Liability Release or Assumption of Risk Agreement forms. You are responsible for understanding and complying with the requirements and we encourage you to enquire the Service Provider about requirements prior to making a booking. Failure to comply with the requirements may result in your inability to use the Services, and late cancellation fees may apply.

Communication

The Online Booking System provides a communication channel through which you may contact the Service Provider directly to request additional information, or to confirm booking details, such as the meeting time and location in the event that the Service Provider provides transportation services upon your arrival. Submersive.com is not responsible for verifying the accuracy of information provided by the Service Provider. To answer questions and to facilitate the communication with the Service Provider, Submersive.com is responsible for administering a customer support team, which may be contacted at support@submersive.com.

Disclaimer

Submersive makes no warranty, representation or guarantee, expressed, implied or statutory, with respect to the Website, the Online Booking System, the Service Provider Information, the Service Provider Terms, the Services, or otherwise. In no event will submersive.com or its affiliated companies, directors, employees, agents, or contractors (the "Representatives") be liable for any cost, loss, damage, or injury whatsoever (including but not limited to personal injury or death, punitive damages, direct or indirect damages, and consequential damages) and including without limiting the generality of the foregoing, cost, loss, damage, or injury related to:

  • viruses or harmful components in software on the Website, interruption, delay or inability to use the Website or the Online Booking System, and damage to computer equipment or other property;
  • implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement;
  • inaccurate, incomplete, unreliable, or misleading Service Provider Information; or
  • any act or omission of the Service Provider or its directors, officers, agents, employees, or contractors including but not limited to any and all claims related to the Booking or the Service Provider Services.

Personal Use Only

You agree that you will not use the Website or the Online Booking System for any purpose other than personal, non-commercial use. You will not use the information for a competitive use and will not copy, post, display, download, reproduce, re-sell, scrape, or deep-link any information, content, services, products, images or software on the Website without explicit reference to Submersive.com. You will not make any speculative, false, or fraudulent booking using the Online Booking System or attempt to advertise any services through posting comments or reviews.

Intellectual Property

Submersive.com is the exclusive owner of all right, title, and interest in and to all intellectual property with respect to the Website and the Online Booking System. By posting reviews or comments, you grant Submersive.com a non-exclusive right to use, reproduce and amend your reviews or comments at its sole discretion for the purpose of informing future customers. You agree that Submersive.com may decide to remove your reviews or comments from the Website at its discretion, such as in the event that it deems your reviews or comments to be offensive.

Legal Structure and Governing Law

Submersive Ltd. is a company duly incorporated pursuant to the laws of the Republic of Ireland. These Terms of Service shall be construed in accordance with the laws of the Republic of Ireland.