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.
LIMITATION 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, CHANGES AND REFUNDS
Every course booking is covered by our Course Terms & Conditions, which you accept when you book. In summary:
● Deposit and balance: courses priced above $250 need a 30% deposit to secure your place, and courses priced $250 or less are paid in full when you book. Bookings made within 7 days of the start date are paid in full. The balance is due on the first day of the course.
● If you cancel: we refund what you have paid, less the costs we have already incurred, such as learning materials or eLearning issued to you, booking administration, and boat, pool or venue bookings we can’t recover. We’ll tell you the amount and the reason for any deduction first. Cancelling on the day of a session, or not attending without notice, counts as a cancellation.
● Changing your dates: you can move to another scheduled course of the same type, subject to availability — free of charge once with a medical certificate, or otherwise for a $200 rescheduling fee.
● If we cancel or postpone: each course needs a minimum of 4 students. If a course doesn’t reach minimum numbers, or we cancel or postpone it for weather, safety, instructor availability or another reason on our side, you can choose a place on the next suitable course or a full refund of everything you’ve paid.
● Completing your course: course components must be completed within 12 months of the course start date. Certification is issued once you meet all course requirements, your paperwork is complete and your fees are paid in full.
Read the full Course Terms & Conditions.
Club dives, guided dives and events are covered by our Club Dives & Events Terms.
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
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, seasickness and equalisation problems are outside our control, so dives you can’t complete aren’t refunded. If you’re on a course, your instructor will arrange the training you missed: open-water sessions are charged at cost, and a replacement boat dive at the boat operator’s current price, as set out in our Course Terms & Conditions. For club dives and events, our Club Dives & Events Terms apply.
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
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.