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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 the Services and information offered on Our Website, you are agreeing to these terms and conditions.

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 Boat Charters, Servicing of Gear, courses and retail sales, Day Trips and hiring of gear

the Website means the website www.divejervisbay.com

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

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

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.

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 way 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.

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.

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

Trademarks

The trademarks and logos contained on this Website are trademarks of Morcor Pty Ltd.  Use of these trademarks is strictly prohibited except with Our express, written consent.

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

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, 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.

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.

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.

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. All sale items are sold as is and no refund will be issued after purchase.

Boat Charters and Course Bookings

Dive Jervis Bay’s 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.

 

Boat Refunds

 

Dive Jervis Bay will not issue a refund if you simply change your mind about your boat booking, we will however, offer you a store credit to the value of the purchase price. Voucher value will be determined by the amount of notification time given by the customer to Dive Jervis Bay prior to boat departure date.

All cancellations must be received in writing. Cancellations made from 1 – 3 days prior to commencement of the boat departure date will forfeit all of the trip cost, unless a replacement booking can be made, in which case 60% of the trip cost will be credited. Failure to notify Dive Jervis Bay of cancellations will forfeit all monies paid.

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. 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 experience as refunds will not be issued if you miss the departure time, or do not have the correct 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 Dive Jervis Bay will be made.

 

Full payment for boat bookings need to be completed at least 7 days prior to departure and cancellations made up to 3 days prior will be refunded excluding any costs already incurred. Usually $50 for administration fees and charges. For Wholesale charters, it is expected that 50% deposit is made at the time of booking and the balance payable within 30 days of your departure. No refunds will be made if customers choose to sit out on an experience or change their mind.

 

Hire Agreement

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

• 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.

• 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.

• Equipment hired must be washed in fresh water (regulators washed with the dust cap in place) to avoid loss of deposit.

• 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.

 

Refund Policy (Course Bookings)

Refunds will be ONLY offered in instances where a student has been identified as permanently medically unfit to dive. A dive medical is required by a practicing General Practitioner that states you are Permanently Unfit to Dive in accordance with the RSTC Medical Statement. Refund value will be determined by the use of any consumables issued to the student (i.e. PADI eLearning Pass, Text Books, etc.) and amount of notification time given by the student to Dive Jervis Bay prior to course commencement.

Dive Jervis Bay will not issue a refund if you simply change your mind about 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.) issued to the student and subject to a cancellation fee, this would usually be the deposit of $200 per course.

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 the students 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.

 

Once a student commeces a course no refund is possible.

 

Day Trips

 

In the event of a mechanical breakdown, you accept that we will only be obliged to refund fees on a pro rata basis, and will not be responsible for alternative accommodation or tours, nor will we be liable for any other direct or indirect loss, expense, inconvenience, or disappointment.
Dive Jervis Bay reserves the right to change vessel, dive locations and price without notice. All trips are subject to force majeure.

 

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 shall 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 Dive Jervis Bay 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.

 

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.

 

All prices are inclusive of GST unless stated otherwise. All purchases made online will incur an $11.35 processing fee which is non refundable.

 

Payment for any item is acceptance of these term and conditions