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.

Released Parties means MORCOR Pty Ltd trading as Dive Jervis Bay PADI Store #8006, the dive professional(s); the crew and or owners of our vessels or vessels used by Us; the vessel itself; PADI Americas, Inc., its affiliate and subsidiary corporations; the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities are the “Released Parties”

HUSKY DIVERS means our Dive Club "the Husky Divers" a registered trading name of MORCOR Pty Ltd.

the Website means the website www.divejervisbay.com and its associated pages, links and forms.

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.

Return to Table of Contents 

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. 

Any statements made by staff are by way of general comment only and personal opinion, they may not reflect the opinion of the other Released Parties. While all staff are fully qualified and trained and have expertise in their fields, personal opinion, experience levels and skill sets differ between staff and may be reflected in their statements and actions. As far as possible you should satisfy yourself as to the accuracy of any statements that are made and if in doubt, refer back to the PADI Source material provided in your training. 

Return to Table of Contents 

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 our 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.

Return to Table of Contents 

If we issue you a Password, Voucher / Certificate, Code, or Login to our site for use that contains credit or restricted access; You are responsible for maintaining the confidentiality of your passwords, codes and login details and  are responsible for all activities carried out under or using your code, password and login, including any sales made to a third party or made by another person who uses your code, password and login.

Return to Table of Contents 

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, from purchasing goods and services from us or your attendance on any Excursion.

Return to Table of Contents 

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 our provided 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

Additionally, if we have accidently used any materials or content that you feel belongs to you, notify us by email and on establishing the correctness of your claim. We will remove that content without prejudice but with our sincere apologies.

Return to Table of Contents 

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.

Return to Table of Contents 

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to those of any staff members who are providing Services. Any statements made by staff are by way of general comment only and personal opinion, they may not reflect the opinion of the other Released Parties. While all staff are fully qualified and trained and have expertise in their fields, personal opinion, experience levels and skill sets differ between staff and may be reflected in their statements and actions. As far as possible you should satisfy yourself as to the accuracy of any statements that are made and if in doubt, refer back to the PADI Source material provided in your training. 

We are dirtected by our insurer to inform you that all of our Services are provided without a warranty unless specifically documented and agreed, with the exception of any warranties provided by law and detailed in our Refund Policy. 

We are not liable for any damages whatsoever, incurred as a result of or relating to the use of our Website or our Services as you have been advised of the inherant risks and assumed the Risk yourself.

You are, by using our Services or Website, accepting these conditions and that you understand the terms herein are contractual and not a mere recital, and that you have agreed to this by your own free act of agreeing to purchase our Services with the knowledge that you are waiving certain legal options as contained in our Terms and Conditions and the Diver Information, Liability Waiver and Assumption of Risk Agreement. You further agree that if any provision of these Terms and Conditions or the Agreement between the Parties is found to be unenforceable or invalid, that provision shall be severed from this Agreement and the remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

If you wish to use our Services you must understand and agree that you are not only giving up your right to sue Us but also any rights your heirs, assigns or beneficiaries may have to sue Us resulting from your death. This is both implied by agreeing to use our Services or in most of the Services that we provide, contractually signed by you when agreeing to use our Services.

We are providing these Services to you because we fully believe that you have the authority to do this, and your heirs, assigns and beneficiaries will be estopped from claiming otherwise because of your representations to Us and your Release of Us from this and all Liability.

By using our Services you intend and agree to exempt and release Us and all entities and/or individuals associated with Us (the Released Parties) from all liability and responsibility for personal injury, property damage or wrongful death, however caused, including but not limited to, product liability or the negligence of, or by Us, our Staff or other Agents, whether passive or active.

We accept that you are fully aware of this and have fully informed yourself of the contents of this liability release and the Dive Information, Liability Waiver and Assumption of Risk Agreement when using our Services and you agree not to pursue Us for any injury or loss caused during any Services that we provide.

This release includes your heirs, estate and any other parties that may be seeking compensation through your act of freely accepting to use our Services in full understanding of this Limitation of Liability.

Return to Table of Contents 

PRIVACY POLICY

Users of our website and services are entitled to expect that any information collected as a result of that use will be treated with respect to reasonable privacy responsibilities and obligations.

MORCOR Pty Ltd will not Sell or otherwise disclose for financial gain any information collected by us.

By using our website, applications and services, or otherwise providing us with your information, you acknowledge and agree to us collecting, holding, using and disclosing your personal information as described in this privacy statement.

If you do not wish to be bound by this privacy statement, you should not access or otherwise use this website or services.

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. All information is maintained on third party services and tied to their privacy agreements.

Rezdy maintains our booking and sales information their privacy policy can be found here:

https://rezdy.com/privacy-policy/

PADI maintains our student records their privacy policy can be found here:

https://www.padi.com/privacy

Jotform holds our teaching files and class documents, their privacy policy can be found here:

https://www.jotform.com/privacy/

Our email, document storage and website hosting is through a MICROSOFT 365 Business Account and hosted Cloud Servers.

We do not hold or record any Credit Card numbers or information, all these are made through third party PCI compliant organisations.

Please be aware that we may share your information with some third parties at our discretion, but only for the purpose for which it was collected. This may specifically include PADI as our training authority and insurers as required by them.

All third-party organisations that we use to store your personal data are bound by law to maintain this information in strict confidentiality.

However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website or personal information that you have provided us will be confidential due to the potential ability of third parties to intercept and access such information illegally.

If you ever want your personal information removed from our records at all you need to contact info@divejervisbay.com. Please remember that we cannot delete or remove information that we are required to keep legally by third parties or by specific laws and regulations.

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 or Government Authority if we are so directed, and we are under no obligation to inform You of this fact. 

Return to Table of Contents 

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 Diver Information, Liability Waiver and Assumption of Risk Agreement.

If you choose not to fill out these forms, you will not be able to dive with Us. Signing this form and attendance on these Excursions is your personal choice.

To attend an excursion with us you must:

 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.

 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 attend the Excursion with us you must understand and agree that the Released Parties are not to 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.

Return to Table of Contents 

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 the Released Parties may not be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to you or another person from the use of Hire Equipment or Items rented to you.

This applies for any use of the Gear or Equipment with or without our knowledge or the consent of Us. You accept full and all responsibility for the use of the gear as well as the consequences for any person using that gear with or without your knowledge.

You are responsible for the safe and secure storage of the any rental gear or items and are fully and totally responsible for it at all times.

This release of Us by you, applies not only to you but another persons 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. You have assumed any and all responsibility for the gear and the use of the Equipment by any party.

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. If it is not working correctly it should not be used and should be returned directly to us.

Dive Jervis Bay cannot be held liable for any weather changes or changes of plan beyond our control and even if the equipment is not used by you, you are still responsible for all Hire Fees from the time you sign for the Gear or Equipment until the Gear or Equipment is returned to Us.

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 when it is in the possession of You is to be your responsibility and the cost of repair or replacement of the equipment is to be met by you.

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.

You consent to Us automatically Applying these charges to your Provided Credit Card when hiring the Gear or Equipment

The hirer agrees to all terms and conditions of the hire and understand and accept these conditions when hiring Our hire equipment.

Return to Table of Contents 

Dive Jervis Bay’s Instructors, Dive Masters and Boat Skippers will decide on the location for each dive you undertake. This will be based on safety, environmental concerns, conditions and associated risks. This decision may be made without any consultation with you as a customer.

We reserve the unconditional right to refuse Service or Support to any person, at any time, that We consider a risk to themselves or other people on any diving trip or course.

• Any dive program or excursion may be shortened at any time due to any of the above factors or another emergency solely at the discretion of the Dive Master, Instructor and or Boat Skipper.
• If using hire gear, it is your responsibility to examine the equipment and note that it is good condition, set up correctly and operable for diving before you enter the water.
• All damages must be paid for and cleaning or repair fees may be charged if the gear is returned in an inappropriate condition.
• For Scuba Diving – you must be a fully certified diver to the level indicated or be undertaking in a course suited to your needs under the supervision of an instructor. Unless under instruction, you are responsible for your own dive plan; the Dive Master will provide a site briefing and will act in the capacity of a guide only. The Dive Master will not act as a dive buddy, nor are they responsible for your dive plan, gear set up, pre-dive safety checks, site navigation, air consumption, depth management or the actions and activities you decide to undertake while on the dive.
• For snorkelling – Whilst you are in the water there will be limited supervision, further you must be able to easily swim 200m or you will need to use a floatation device.
• You acknowledge that you will be diving in a marine park and that whilst you can freely observe the marine life, you will not touch or harm the marine life in any way and you will leave nothing but bubbles. You acknowledge that if the Dive Master observes any inappropriate activity you may not be allowed to dive again with Dive Jervis Bay.
• Boat Charters and Courses will only be run when minimum numbers are met. If minimum numbers are not met, Dive Jervis Bay will arrange for an alternate date for your Excursion to take place.
• Dates advertised are a guide only and are subject to change due to weather, sea conditions, visibility or other factors that may be out of our reasonable control.

If Dive Jervis Bay decides to cancel your Excursion you will be notified as soon as possible to reschedule your experience. If you cannot reschedule within 3 years a refund will be offered.

Dive Jervis Bay will not reimburse any travel, accommodation or any other expenses incurred by you or any other person or party due to cancelation of your Excursion.

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.

Return to Table of Contents 

These terms and conditions are governed by and construed in accordance with the laws of NSW, Australia. Any disputes concerning this website or any Goods or Service that we provide 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.

Return to Table of Contents 

The trademarks and logos contained on our Website and forms including the Husky Divers logos are Trademarks and the Copyright of Morcor Pty Ltd. 

Use of these Trademarks, Logos and Images is strictly prohibited except with Our express, written consent.

Return to Table of Contents 

English is the language spoken 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, others and staff have to exclude you from your Trip or Course.

If this happens, no refund will be offered.

Return to Table of Contents 

When an item is not in stock and is requested to be ordered by you, 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 3 months from initial contact, you will forfeit your deposit and the item will be returned to the shelf for re sale.

Return to Table of Contents 

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.

Return to Table of Contents 

Dive Jervis Bay is not responsible for any items left in the shop or the boat by you. We will provide reasonable care of these items, however we are not responsible for any loss or damage that you may suffer.

We will take all reasonable steps to contact you if we can identify an item, however after three months, if the item is still in our care and no arrangements have been made for collection, we may dispose of the item in any way that we see fit, and we are not responsible for the item, or any refund to you for the item past this point.

If an item is booked in for servicing, and is abandoned by you for any reason, we will take all reasonable steps to contact you to return the item. After 12 months if you fail to collect the item or make arrangements with us, we may dispose of the item in any way that we see fit, and we are not responsible for the item, or any refund to you for the item after that 12 month period.

Return to Table of Contents 

Any item that belongs to you that you take with you on a trip or course, you are responsible for.

We will take all reasonable care when assisting you with these items, including lifting and moving them if necessary, however we are not responsible for any loss or damage that may occur to any item that you own while on a trip or a course.

If you lose something or if it is damaged, we are not responsible for the loss or damage of that item, unless there is direct evidence that we failed in our duty to provide appropriate care, skill or technical knowledge which contributed to your loss.

If this is the case we will discuss with you an appropriate refund, repair or other suitable recourse.  However we reserve the right to implement any resolution to your loss that we see fit.

Return to Table of Contents