INTRODUCTION
This website is operated by OCEAN DIVERS. These Terms and Conditions apply to the use of the oceandivers.com.au website. Throughout the website, the terms “we”, “us” and “our” refer to OCEAN DIVERS while, “You” and “Your” refers to you, the customer, visitor, website user or person (any) using our website.
By accepting from OCEAN DIVERS delivery oftraining, scuba equipment, other products and/or services and support described on the invoice you agree to be bound by and accept these Terms and Conditions.
OCEAN DIVERS reserve the right to change, modify, add, or remove sections of these Terms and Conditions at any time, without formal notice. It is your responsibility to ensure you are up to date and have read and understood our Terms and Conditions.
These Terms and Conditions apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content. Your use of our website and by using our website, you expressly accept all Terms and Conditions contained herein in full. You must not use our website, if you have objection to any of these Terms and Conditions.
GENERAL CONDITIONS
We reserve the right to refuse anyone for any reason at any time from visiting our website and/ or purchasing a product or service from us. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit, use or sell any portion of our website, services, products, information, images, or any content on the website through which the service is provided, without express written permission from OCEAN DIVERS.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
MARKETING
Any images or video footage taken by OCEAN DIVERS remains the property of OCEAN DIVERSand may be utilised for promotional purposes.
RESTRICTIONS
You are expressly and emphatically restricted from all of the following;
● publishing any of our website material in any media (unless agreed in writing)
● selling, sublicensing and/or otherwise commercialising any of our website material
● publicly displaying any of our website material, using our website in any way that is, or may be, damaging to our website
● using our website in any way that impacts user access to our website
● using our website contrary to applicable laws and regulations, or in a way that causes, or damagesour website, or to any person or business entity
● engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our website, or while using our website
● using our website to engage in any advertising or marketing
THIRD PARTY WEBSITES
This website provides links to other websites.OCEAN DIVERS has no direct control over linked website content or changes to their content. These links are for Your convenience only and do not signify that OCEAN DIVERS endorse or undertake any responsibility for the content of or any transactions that You enter relating to those linked sites. Use of third-party websites is entirely at Your own risk.
When we link to external websites and any applications they use (such as Twitter (X), Facebook, LinkedIn, TikTok, Instagram, Xiaohongshu, WeChat, Snapchat and YouTube) we aren’t endorsing or recommending any related material, products or services. You are responsible for being aware of the organisation hosting websites you visit.
Third party material that we include on this site does not necessarily reflect OCEAN DIVERS’views.
YOUR PRIVACY
OCEAN DIVERS follow the Australian Privacy Principles (APPs) under the Privacy Act 1988. This regulates how we collect, use and disclose your personal information and we use the information we collect about you to maximise the products and services we provide to you.
IMITATION OF LIABILITY
OCEAN DIVERS make every effort to provide accurate and up-to-date material and information on our website, however OCEAN DIVERS does not guarantee, and accepts no legal liability, for the accuracy, reliability, currency or completeness of any material and information on our website. The material is general information only.
You agree and accept that OCEAN DIVERS, will not be liable for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, you might suffer related to your use of our website or reliance on any information on our website or from omissions in our documents or information, an any goods or services we may offer or from any other use of the website. By entering and using this website, you release OCEAN DIVERS represented by oceandivers.com.au, from all liability for claims, losses, expenses, damages, and costs you incur as a result of relying on the information on this website, or any products or services that may be offered through it.
Your use of our website, including acting on information provided herein (including third party content, links, comments or advertisements) via this website, is done at your sole risk.
This includes liability relating to you taking on all risks of using the site, including risks to your computer, software or data. OCEAN DIVERS does not guarantee our servers or electronic communications sent from OCEAN DIVERS are free from viruses or any other harmful components nor will we be liable for any damages arising as a result of using OCEAN DIVERS services.
Terms and Conditions
COMMUNICATION CONFIRMATION AND ACKNOWLEDGEMENT
OCEAN DIVERS utilise electronic methods of communication such as email and SMS forinformation about our dive courses, trips, travel, services, and sales etc. Please ensure you always provide up to date contact details – your email and mobile number, to ensure we can provide you with all vital information pertaining to your course, dive trip or dive travel which may include reminders, meeting times, course times and cancellations or reschedules.
In agreeing to our Terms and Conditions, you are acknowledging that you will supply OCEAN DIVERS with all up-to-date contact details and you will check your email inbox and phone and respond promptly if we have requested such.
COURSE PREREQUISITES
Please check the course page for the specific prerequisites required to ensure you comply.
GENERAL CONDUCT
OCEAN DIVERS will not tolerate any direct or indirect verbal, written or physical abuse towardsany management, staff or other persons.
You agree to always follow the direction of OCEAN DIVERS staff to ensure a safe and smooth operation. You will agree to listen to all briefings and seek advice if you do not understand any part of the brief.
OCEAN DIVERS does not provide transport for students or customers, and we reserve the right to refuse to transport equipment or goods without assigning any reason.
COURSE BOOKINGS
To make a course booking, a non-refundable deposit of AUD$200 must be made. Balance of fees are due at the first session. Exceptions are Bubblemaker, Seal Team, Discover Scuba Diving, ReActivate, Emergency First Response, Equipment Specialist, O2 Provider where full payment is required upon booking.
Please ensure you read our Terms and Conditions prior to booking.
FORMS
All divers undertaking a course will be required to complete the appropriate form/s which include but are not limited to:
● Dive Medical Statement – which may be required to be submitted prior to or upon commencement of your course. It is Your responsibility to check if a dive medical is required
● Liability Release and Statement of Understanding
● Any other relevant forms
CANCELLATIONS & RESCHEDULING
All courses and dive activities are subject to minimum numbers and may be cancelled or rescheduled (with or without notice) for a variety of reasons, including, but not limited to weather conditions and technical disruptions.
A minimum number of participants is required for any given course or activity. If OCEAN DIVERS has to postpone due to insufficient numbers you will be scheduled to the next available course that is mutually suitable.
In the event the course or activity has been postponed due to weather (or for whatever reason) you will be scheduled to the next available course that is mutually suitable.
No expenses or cost reimbursements are providedas a result of a cancelled course dive or activity.
If you fail to secure medical approval if required and this results in rescheduling your course or activity, you may be subject to pay a rescheduling fee.
Dive course times are subject to change dependent on weather conditions, boat scheduling and safety.
OCEAN DIVERS reserves the right at any time to cancel any course dive or activity dive.
REFUNDS
Once you commence a course, refunds will not be provided.
At OCEAN DIVERS discretion, refunds will ONLY be offered in instances where a student has been identified as permanently medically unfit to dive. A dive medical is required stating you are permanently unfit to dive in accordance with the RSTC Medical Statement.
The refund amount is based on deducting a $50 administration fee, along with the associated course materials from your original invoice/purchase amount and is also based on providing OCEAN DIVERS notice in writing.
No refunds will be given for course that have commenced, if a student is unwilling to complete the course. OCEAN DIVERS reserves the right to reject any request due to invalid reason provided by students.
Should a refund be granted base on case to caserequest, refund will be given within 45 days depending on documents provided. OCEAN DIVERS reserves the right to not entertain any request due to insufficient documents.
CHANGES TO YOUR BOOKING
If you decide to change your course booking within 7 days of the commencement date you will be charged a $100 transfer fee.
Changes to your booking outside of 7 days will be at no charge.
SEASICKNESS AND EQUALISATION
Some divers may find themselves exposed to seasickness and equalisation issues. In the event you find yourself dealing with these issues, our staff will do everything within their ability to ensure you are comfortable and safe. However, sea sickness and equalisation issues are not within our control, and as such we will not refund incomplete dives. A rebooking fee will apply.
FAILURE TO SHOW (NO SHOWS)
If you fail to show, at the date and time stipulated by us, without notification you will forfeit your entire booking. NO REFUNDS PROVIDED.
INCLUSIONS AND EXCLUSIONS
For a detailed list of inclusions and exclusions please check the course page for the specific prerequisites required as well as the course exclusions.
All participants are required to have their own personal snorkeling equipment consisting of mask, snorkel and boots.
TERMS AND CONDITIONS CHANGES
OCEAN DIVERS reserve the right to change, modify, add, or remove sections of these terms and conditions at any time, without formal notice. It is your responsibility to ensure you are up to date and are responsible for reading and understanding our Terms and Conditions.
DIVE EQUIPMENT
You allow us to charge your credit card for any lost or damaged equipment.
No refund will be issued for any dives not completed, including unused equipment and unused air.
OCEAN DIVERS will not take any responsibility for any damages or loss to your own equipment when washing or loading/unloading in or out of the shop.
HIRE TERMS AND CONDITIONS
You will be required to complete our Hire Rental Agreement.
Equipment hire is available at OCEAN DIVERS,however we do not hire:
● Drysuits or Undergarments
● Underwater Torches
● Dive Knives
● SMBs
● Cameras
● Some specialty equipment
FLYING AFTER DIVING
You will not fly for a minimum of 18 hours, but preferably 24 hours after surfacing from your last dive. You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure.
PHYSICAL FITNESS AND MEDICAL CONDITIONS
To participate in our courses or dive activities, you must understand that you need to be physically and mentally capable to do so, and portions of the courses will be conducted open water environmentswhich may be challenging.
● You cannot have a medical condition that would affect your ability to safely dive.
● You cannot take any medication that has not been approved by your physician for diving.
● You must not be under the effect of alcohol or drugs.
Training Courses – General Terms & Conditions
All OCEAN DIVERS training courses are to be completed within 12 months from the enrolment date. Deferment or extension after 12 months will be an additional cost.
Failing which, participants will be required to redo either part of or the full scuba program or to participate in a ReActivate program as determined by OCEAN DIVERS Participants will bear the charges of the separate OCEAN DIVERS training course at current rates.
Failure to participate in the program as determined by OCEAN DIVERS or failure to pay the charges for the separate training program will result in non-certification regardless if participants have met the course requirements.
OCEAN DIVERS does not take responsibility for any injuries, disability or death, or loss of personal belongings, or damage to personal equipmentarising from participating in any of OCEAN DIVERStraining courses. By signing all required course documents upon enrolment of any OCEAN DIVERStraining courses, participants have assumed the risks involved in diving and agreed to these.
Participants should arrange to purchase their own insurance coverage while undertaking an OCEAN DIVERS training course. OCEAN DIVERS will not be responsible for any personal insurance coverage.