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TERMS AND CONDITIONS General Terms and Conditions for this website

DIVE JERVIS BAY TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website, and / or our in- store Services, or taking part in an Excursion with us, or if you read or rely on the information offered on Our Website, you are taken to be agreeing to these terms and conditions and we will be relying on them to administer any relationship, on-going or otherwise that comes from the use of our Website or the associated service provision.

Be aware that our website uses cookies and these will be automatically installed on your computer.

If you purchase products through our Website, there may be additional terms and conditions relating to the purchase, you will be notified if this is the case.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

DEFINITIONS

Services means our services provided to you these include; Boat Charters and Day Trips, Dive Courses and other Training, Servicing of Gear, Commercial Diving, Accommodation and Retail Sales both online and in our store and Hiring of gear for Scuba and or Snorkelling.

Excursion means any course or trip booked by you, the customer, either in or out of the water and undertaken with an Instructor, Dive Master or Skipper either on one of our boats or off the shore, and includes all travel to and from the location of the Diving, Experience or Event whether in a private vehicle, or company vehicle or boat owned or operated by Us or another party on our behalf.

HUSKY DIVERS means our Dive Club

the Website means the website www.divejervisbay.com

We / Us means Morcor Pty Ltd and any subsidiaries, affiliates, employees, contractors, officers, agents or assigns.

You / your means you as a Website Visitor, Services Recipient or Customer of Dive Jervis Bay.

ACCURACY OF CONTENT

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

Whilst Dive Jervis Bay uses reasonable measures to ensure the accuracy and current information on our site is up to date, we do not warrant or represent that the site is free from errors. Data entry errors and technical problems may result in inaccurate information being displayed. Dive Jervis Bay reserves the right to correct such errors and shall have no liability for such errors.

The information contained on this Website should not take the place of professional advice. 

USE OF OUR WEBSITE

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions and that is why they are made available to you.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login, including any sales made to a third party made by any person who uses your password and login.

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you from using this Website or from purchasing services from us.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement and pay a fee. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

info@divejervisbay.com

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

INFORMATION COLLECTION BY US

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services generally, is kept confidential as required by law. Please be aware that we may share your information with third parties at our discretion but only for the purpose for which it was collected. This may include PADI as our training authority and insurer as required by them.

Confidentiality

All personal information you give us will be dealt with and stored in a confidential manner. It maybe shared as required by the relevant legislation but will only be used for the purposes for which it was collected. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

SCUBA DIVING OR SNORKELLING WITH US

You must whenever you are a snorkeler, swimmer, skin diver, certified scuba diver or a student diver under the control and supervision of a certified scuba instructor, sign when required a PADI Diver Liability and Waiver form. If you choose not to fill out these forms, you will not be able to dive with Us. This form will require that you:

 Agree that you thoroughly understand the hazards of being in the water including those hazards occurring during boat travel to and from the dive site (hereinafter collectively referred to as “Excursion”).

 You understand that these inherent risks include, but are not limited to, drowning, air expansion injuries, decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off the shore or a boat, and other perils of the sea; all of which can result in serious injury or death.

 You understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities AND you still choose to proceed with the Excursion.

 To dive with us you must understand and agree that neither MORCOR Pty Ltd trading as Dive Jervis Bay PADI #8006, the dive professional(s); nor the crew or owner of the vessel; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to you or your family, estate, heirs or assigns that may occur as a result of your participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.

 You must affirm that you are in good mental and physical fitness to enter the water. Not be under the influence of alcohol or any drugs that are contradicted to diving when coming on a Dive Trip.

 You must also agree that you are not only giving up your right to sue the Released Parties but also any rights your heirs, assigns or beneficiaries may have to sue the Released Parties resulting from your death.

 HIRING EQUIPMENT FROM US

Hire Equipment must be used by the hirer or by a certified diver in the case of Scuba Gear Hire. Issuing this equipment to someone else who is not certified is dangerous and could lead to accidental injury or death.

When Hiring Equipment from Us you must understand and agree that neither MORCOR Pty Ltd trading as Dive Jervis Bay PADI #8006, the dive professional(s); nor the crew or owner of our vessels; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to you or another person who you provide the gear to with or without or knowledge or consent, your or their family, estate, heirs or assigns that may occur as a result of your hiring of Equipment off Us, or as a result of the negligence of any party including yourself and the Released Parties, whether passive or active.

Hire Equipment is hired in good faith that it is working correctly at the time of hire. It is the responsibility of the hirer to check all equipment prior to departure of the store.

Dive Jervis Bay cannot be held liable for any weather changes or changes of plan beyond our control and if the equipment is not used by you, you are still responsible for the Hire Fees.

Once hired, this equipment is the full responsibility of the hirer until it is returned to the store in the same condition, which it left.

Any loss or damage to the hired equipment is to be the responsibility if the hirer and cost of repair or replacement of equipment is to be met by the hirer.

Any late hire equipment will be charged at the full daily hire rate until it is returned. This is not limited to the loss of deposit and may require further payment to meet total hire time.

Dive Jervis Bay may not be held liable by you or your family for any accident or injury, which may occur whilst this equipment is in use. Neither Dive Jervis Bay’s Directors nor employees may be held responsible or liable due to negligence whether direct or indirect in relation to the use or misuse of this equipment.

The hirer agrees to all terms and conditions of this hire and understand and accept the conditions when hiring Dive Jervis Bay hire equipment.

BOAT CHARTERS AND COURSE BOOKINGS

Dive Jervis Bay’s Instructors, Dive Masters and Boat Skippers will decide on the location for each dive. This will be based on safety, environmental concerns, conditions and associated risks.

No refund is offered if you should be unable to complete all offered dives. You must not participate in scuba diving or snorkelling whilst under the influence of alcohol or any drugs.

We have no liability to any customer should they participate in diving or snorkelling whilst under the influence of alcohol or any drugs.

Anyone under the age of 16 must be accompanied by a parent or guardian and under no circumstances do we allow babies on any of our trips due to safety reasons. Any child on board must be able to place on a life vest and respond to directions.

RETURNS AND REFUNDS

It is your responsibility to notify Dive Jervis Bay as soon as possible if an item purchased is received in damaged condition or not as advertised. You are to contact Dive Jervis Bay via email, explaining the issue and requesting a refund or replacement. All goods are to be returned at the cost of the purchaser and only once an authority to return form has been received. All returned goods must be returned in a As New Condition and in undamaged original packaging. Once the goods have been returned and assessed, Dive Jervis Bay will replace or refund the said item. Dive Jervis Bay will not refund an item if you simply change your mind. We will however offer you a store credit if appropriate. All sale items are sold as is and no refund will be issued after purchase.

Boat Refunds

 Dive Jervis Bay will issue a refund for boat bookings with the amount and type of the refund determined by the amount of notification time given by you to Dive Jervis Bay prior to boat departure date.

- Cancellations prior to 7 days of the trip date will be refunded except for a $100 administration charge to cover costs, additionally trips can be moved at no charge with over 7 days notice.

- Between 7 days and 3 days of the date of the trip we will not provide a refund of the trip price, but we can move the trip to a different day if necessary or issue a gift voucher for the trip price except for the Administration Fee.

- Cancellations within 3 days of the date of the trip will result in full loss of the funds paid for the trip.

If a trip is cancelled by Dive Jervis Bay for whatever reason, pro-rata refunds will be provided as Gift Certificates.

You must bring your Diver Certification Card as proof of certification or you will not be allowed to dive.

You are to arrive at Dive Jervis Bay Retail shop no earlier or later than 45mins prior to the boat departing. Dive Jervis Bay will do its very best to ensure Our boats will leave the wharf at the advertised departure time and no later. There maybe be the occasional time when this is not possible and Dive Jervis Bay will not be held accountable for any expenses this may occur to you for late departures or arrivals.

It is up to you, the customer, to ensure you arrive on time, have the relevant paperwork filled out correctly and be able to produce any relevant certification cards to allow you to go ahead with your Expedition as refunds will not be issued if you miss the departure time, or do not have the correct qualifications or mislead us in anyway as to your qualifications.

If the boat is cancelled due to bad weather a store credit will be offered or an alternate booking date suitable to the customer and Us will be made.

Courses and Training Refunds

Dive Jervis Bay will not issue a refund if you simply change your mind about doing your course, we will however, offer you a store credit to the value of the purchase price – minus consumables (i.e. PADI eLearning Pass, Text Books, etc.) that have been issued to you and subject to a cancellation fee, this would usually be around $200 per course. You must give us around 7 days notice of any cancellation by you.

If you are claiming that you are Permanently unfit to dive following a dive medical, you are required to provide us a copy of the medical, certified by a practicing General Practitioner that states you are Permanently Unfit to Dive in accordance with the RSTC Medical Statement. The cost of any consumables issued to you (i.e. PADI eLearning Pass, Text Books, etc.) and used by you will be subtracted from any refund, as will an administration fee.

Once you start the practical component of the course, no refund will be provided if you do not continue with the course for any reason.

If the student fails to complete all pre-tests and pre learning prior to the commence date of any course or fail to turn up on time to the set course, you will be liable for a $100 rescheduling fee to transfer to another course. It is essentially up to you, the student, to ensure you are prepared for your course.

At the discretion of Dive Jervis Bay we may wavier the reschedule fee in a once off time period.

If you are unable to complete your course on the selected dates through your decision, a $100 rescheduling fee is payable. If however you fail to complete a required module or skill to the instructors satisfaction you will have 12 months to contact us and book into another course.

Contacting Dive Jervis Bay and booking onto a course is totally your responsibility and Dive Jervis Bay has no responsibility to contact you. If a student fails to book onto another course within the 12 months they will need to start the entire course again and pay full fees again.

OTHER MATTERS

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of NSW, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in NSW.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Trademarks

The trademarks and logos contained on our Website and forms including the Husky Divers logos are trademarks of Morcor Pty Ltd.  Use of these trademarks is strictly prohibited except with Our express, written consent.

Language

English is the language spoken during your time at Dive Jervis Bay. We do not offer translators. If Dive Jervis Bay or any of it’s staff members have difficulties in communicating with you, we will for the safety of yourself and staff have to exclude you from your trip. If this happens, no refund will be offered.

Special Orders

When an item is not in stock and is requested to be order, a 50% deposit is to be made by you the customer. Dive Jervis Bay will contact the supplier as soon as possible to arrange for the goods to be delivered. Upon delivery Dive Jervis Bay will contact you via email and mobile phone to arrange for collection. If every effort has been made to contact you and you fail to contact Dive Jervis Bay within 14days from initial contact, you will forfeit your deposit and the item will be returned to the shelf for re sale.

Goods and Services Tax

All prices include GST as required by law except for Gift Certificates and Husky Diver Dive Credit that only have GST applied when a purchase is made with them.